Full Description
This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
Contents
Part I. The history, doctrines and sociology of the growth of transnational justice: 1. Development of the principal forms from antiquity to arbitromania C.L. Lim; 2. Dealing in virtue: A perspective from almost 25 years later Bryant G. Garth; Part II. International commercial arbitration as a transnational justice system: 3. Arbitration and comparative law Gary F. Bell; 4. Which law applies? A role for private international law? Adrian Briggs; 5. The role of the lex arbitri Giuditta Cordero-Moss; 6. Is arbitration autonomous? Ralf Michaels; 7. The future of international commercial arbitration George Bermann; Part III. Investor-state arbitration: 8. Rise of a discipline Jan Paulsson; 9. Consent to arbitration in foreign investment arbitration M. Sornarajah; 10. The applicable law in international investment arbitration Andrea Bjorklund and Lukas Vanhonnaeker; 11. The historical contribution of the world bank Olufemi Elias and Siobhan McInerney-Lankford; 12. ICSID today Meg Kinnear and Daniela Argüello; 13. The future for international investment arbitration Michael Reisman; Part IV. Inter-state arbitration and the pursuit of peace: 14. Arbitration and world peace Christopher Greenwood; 15. Inter-state arbitration: current issues and contemporary challenges Maurice Mendelson; 16. The permanent court of arbitration: from 1899 to the present Garth Schofield; Part V. Systemic, trans-substantive and new issues: 17. Regulating arbitrators and rules on professional responsibility Christopher K. Tahbaz and Natalie L. Reid; 18. Dealing with corruption Florian Haugeneder; 19. The "problem" of costs in arbitration: controlling, allocating and funding costs Matthew Hodgson and Jae Hee Suh; 20. Regression, a conclusion C. L. Lim.
