基本説明
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice.
Full Description
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Contents
I: Issues and Challenges; 1: International Commercial Arbitration Practice; II: Analyses and Evidence; 2: Addressing International Arbitration's Ambivalence; 3: Systems of Genres in International Commercial Arbitration; 4: Evidence, Oral Testimony, and Cross-interrogatory in International Arbitration; 5: Enforcement of Arbitral Awards in Hong Kong; 6: Language and Power in Arbitration Proceedings; 7: Appraisal Analysis of Dissenting and Concurring Opinions 1; 8: The Judicialization of Arbitration Discourse in the Italian Context 1; 9: Arbitration Awards as Accounts; 10: Cultural Variation in Arbitration Journals; 11: Voices in Arbitration Awards; 12: A Comparison between American and Italian Online Dispute Resolution Systems; 13: Arbitration in Action; 14: Arbitration in Italy; 15: Is Arbitration Being Colonized by Litigation? - Practitioners' Views in the Singapore Context 1; 16: Confidentiality v. Publicity; III: Prospects and Conclusions; 17: Contested Identities in International Arbitration Practice 1
