Arbitration of international business disputes : studies in law and practice

著者

書誌事項

Arbitration of international business disputes : studies in law and practice

William W. Park

Oxford University Press, 2012

2nd ed

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注記

Includes bibliographical references and index

"First edition published in 2006"--T.p. verso

内容説明・目次

内容説明

Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

目次

  • I. THE NATURE OF INTERNATIONAL BUSINESS ARBITRATION
  • II. LEGAL FRAMEWORK: COURTS, STATUTES AND TREATIES
  • A. ARBITRAL JURISDICTION
  • B. JUDICIAL SUPERVISION
  • C. THE EFFECT OF ANNULMENT
  • D. THE ARCHITECTURE OF ARBITRATION
  • E. THE CONTRACTUAL CONTEXT
  • III. ARBITRAL PROCEEDINGS: ESTABLISHING THE FACTS AND APPLYING THE LAW
  • A. COUNTERPOISE BETWEEN FAIRNESS AND EFFICIENCY
  • B. SUBSTANTIVE NORMS
  • C. PROCEDURAL NORMS
  • IV. SELECTED ISSUES FOR FURTHER STUDY
  • A. FINANCIAL TRANSACTIONS
  • B. INTELLECTUAL PROPERTY
  • C. TAXATION
  • D. INVESTMENT ARBITRATION
  • E. COMPARING ARBITRATION AND COURT SELECTION
  • INDEX

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