Full Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions.
The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
Contents
1: Thomas Schultz and Niccolò Ridi: Arbitration Literature
Part I: Cornerstones
2: William W. Park: Arbitration and Law
3: Alex Mills: Arbitral Jurisdiction
4: Jan Paulsson: Appointment of Arbitrators
5: Stavros Brekoulakis: Transnational Public Policy in International Arbitration
6: Ursula Kriebaum: Human Rights and International Investment Arbitration
7: Andrea K. Bjorklund: Enforcement of awards
8: V.V. Veeder: Inter-State arbitration
Part II: Actors
9: Thomas Schultz: The Ethos of Arbitration
10: Florian Grisel: Marginals and Elites in International Arbitration
11: Jacqueline Nolan-Haley: Mediators in Arbitration
12: Nathalie Bernasconi, Martin Dietrich Brauch, and Howard Mann: Civil Society and International Investment Arbitration: Tracing the Evolution of Concern
13: Jean d'Aspremont: The Control Over Knowledge by International Courts and Arbitral Tribunals
Part III
14: Loukas Mistelis: Efficiency. What Else? Efficiency as the Emerging Defining Value of International Arbitration: Between Systems Theories and Party Autonomy
15: Frédéric Bachand and Fabien Gélinas: Legal Certainty and Arbitration
16: Ralf Michaels: International Arbitration as Private and Public Good
17: David Schneiderman: Investment Arbitration as Constitutional Law: Constitutional Analogies, Linkages, and Absences
18: Makane Moïse Mbengue and Deepak Raju: The Environment and Investment Arbitration
19: David Caron and Esme Shirlow: The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits
20: Tibisay Morgandi: Arbitration and Offshore Resources in Disputed Maritime Areas
Part IV: Paradigms
21: Horatia Muir Watt: International Arbitration: A Critical Private International Law Perspective
22: Hélène Ruiz Fabri and Edoardo Stoppioni: Arbitration: A Feminist Approach
23: Emmanuel Gaillard: The Arbitral Legal Order: Evolution and Recognition
24: Andrea Bianchi: Epistemic Communities in International Arbitration
25: Myriam Gicquello: Artificial Intelligence and Arbitration
26: Anil Yilmaz Vastardis: Investment Treaty Arbitration as Justice Bubbles
Part V: Empirical Evidence
27: Christopher R. Drahozal: Empirical Findings on International Arbitration: An Overview
28: Thomas Dietz: The Rule Of Law Effects Of Commercial Arbitration From A Socio-Legal Perspective
29: Cédric Dupont, Thomas Schultz, and Jason Yackee: Investment Arbitration and Political Systems Theory
30: Moshe Hirsch: The Sociological Dimension Of International Arbitration: The Investment Arbitration Culture
31: Lauge N. Skovgaard Poulsen: The Politics of Investment Treaty Arbitration
Part VI: Perspectives
32: Yves Dezalay and Bryant G. Garth: International Commercial Arbitration: The Creation Of A Legal Market
33: Taylor St John: The Creation of Investor-State Arbitration
34: Elena Cima: Energy Arbitrations
35: Alexis Keller: Interstate Arbitration: Five Moments
36: Anne van Aaken and Tomer Broude: Arbitration From a Law and Economics Perspective
37: François Ost: Arbitration and Literature
38: Tony Cole and Pietro Ortolani: Arbitration in its Psychological Context: A Contextual Behavioral Account of Arbitral Decision-making
