Arbitration of international business disputes : studies in law and practice

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Arbitration of international business disputes : studies in law and practice

William W. Park

Oxford University Press, 2006

大学図書館所蔵 件 / 全11件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Arbitration of International Business Disputes: Studies in Law and Practice is a collection of articles by William W. Park, one of the leading scholars in international commercial arbitration. The book is a coherent and focused collection of his most significant and timeless articles on business dispute arbitration. The essays address some of the most controversial and interesting questions that have arisen in cross-border business dispute resolution over the past 25 years, particularly in relation to trade, finance and investment disputes. In this rapidly growing and evolving area of law, many of these debates have recurred over several decades and remain subject to radically different views. Examples of the issues examined by Professor Park are the proper role of national arbitration statutes, investment arbitration under free trade agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the organisation and conduct of arbitral proceedings, which focuses on the tensions between fairness and efficiency, and substantive norms; and a comparison of the application of arbitration as applied to various specific fields such as finance, intellectual property and taxation. The original articles have been thoroughly revised and updated to provide a contemporary perspective, while the collection is prefaced by a major new article, Procedural Evolution in Business Arbitration:, which draws together the key themes. The foreword has been written by Gabrielle Kaufmann-Kohler, former President of the Swiss Arbitration Association. The book will appeal to serious arbitration practitioners and academics alike.

目次

  • Foreword
  • I. PROCEDURAL EVOLUTION IN BUSINESS ARBITRATION
  • II. LEGAL FRAMEWORK: COURTS, STATUTES AND TREATIES
  • A. ARBITRAL AUTHORITY
  • 1. Who Decides What?
  • 2. Kompetenz-Kompetenz: The Arbitrability Dicta in First Options
  • 3. The Contours of Arbitral Jurisdiction
  • 4. Private Adjudicators and the Public Interest
  • B. JUDICIAL SUPERVISION AS RISK MANAGEMENT
  • 1. Quis Custodiet Ipsos Custodes?
  • 2. Why Courts Review Arbitral Awards
  • 3. The Arbitral Situs and Lex Loci Arbitri
  • 4. Saving the FAA
  • C. THE EFFECT OF ANNULMENT
  • 1. What is to be Done with Vacated Awards?
  • 2. Duty and Discretion in International Arbitration
  • D. THE ARCHITECTURE OF ARBITRATION
  • 1. The Interaction of Courts and Arbitrators in England
  • 2. Amending the Federal Arbitration Act
  • 3. National Constraints on ICC Arbitration
  • 4. The New York Convention and the International Currency of Awards
  • E. INVESTMENT ARBITRATION
  • 1. The Challenge of Sovereignty
  • 2. The New Face of Investment Arbitration
  • 3. Legal Issues in the Third World's Economic Development
  • F. THE CONTRACTUAL CONTEXT
  • 1. A Cautionary Tale about Hometown Justice
  • 2. The Arbitration Clause: Drafting Considerations
  • G. COMPARING ARBITRATION AND COURT SELECTION
  • 1. The Hague Choice of Court Convention
  • 2. Bridging the Gap in Forum Selection
  • 3. When and Why Arbitration Matters
  • III. ARBITRAL PROCEEDINGS: ESTABLISHING THE FACTS AND APPLYING THE LAW
  • A. TENSIONS BETWEEN FAIRNESS AND EFFICIENCY
  • 1. Arbitration's Discontents: Of Elephants and Pornography
  • 2. Arbitration's Protean Nature: The Value of Rules and the Risks of Discretion
  • B. SUBSTANTIVE NORMS
  • 1. National Law and Commercial Justice
  • 2. Neutrality, Predictability and Economic Cooperation
  • 3. Lex Mercatoria
  • IV. SPECIALIZED APPLICATIONS OF ARBITRATION
  • A. FINANCIAL TRANSACTIONS
  • 1. Arbitration in Banking and Finance
  • 2. Jurisdictional Issues in Financial Arbitration
  • B. INTELLECTUAL PROPERTY
  • 1. Betting the Family Jewels
  • 2. Irony in Intellectual Property Arbitration
  • C. TAXATION
  • 1. Tax Treaty Arbitration: What is Needed and Why
  • 2. Arbitration and the Fisc: NAFTA's Tax Veto

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