IDEA OF ARBITRATION C

1. Auflage 2013
ISBN: 978-0-19-956416-3
Verlag: ACADEMIC

Buch, Englisch, 332 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 661 g

Reihe: Clarendon Law Series

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui
generis feature of social life.

Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes?

This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

Zielgruppe

Legal scholars and law students, arbitrators and interested legal practitioners.

Autoren/Hrsg.

Paulsson

Paulsson, Jan

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Schiedsverfahrensrecht, FamFG (vormals: FGG)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

1: Arbitral Omnipotence?
1.1: The magic of arbitration
1.2: The generous impulse
1.3: What is a successful arbitration?
1.4: What law creates arbitration?
1.5: What law does arbitration create?
2: The public challenge
2.1: The old debate: contractual or judicial?
2.2: A better premise: sui generis
2.3: Protecting the weak
2.4: Arbitrability
2.5: Public policy
3: Private challenges: disappointed litigants
3.1: Authority to decide jurisdiction
3.2: Jurisdiction v. admissibility
3.3: Severability
3.4: The right to be heard
3.5: Asymmetries
4: Private challenges: third parties
4.1: Beneficiaries or obligors in contract
4.2: Members of associations
4.3: Shareholders
4.4: Creditors
5: Ethical challenges
5.1: Money
5.2: Influence
5.3: Self-aggrandizement
5.4: Fitness to serve
6: International challenges
6.1: Clashes of culture
6.2: Inherent inequality of the parties
6.3: Inherent advantages of some parties
6.4: Private power v. the public interest?
7: Arbitration unbound?
7.1: The erosion of state power
7.2: The power vacuum filled
7.3: A fluid legal universe
7.4: Is this law?
8: Freedom and empowerment
8.1: Self-governance
8.2: Virtuous circles
8.3: The future

Über Autor(innen)

Paulsson, Jan
Jan Paulsson heads the international arbitration practice of Freshfields Bruckhaus Deringer. He has acted as counsel or arbitrator in over 400 arbitrations in Europe, Asia, the US and Africa under the rules of the ICSID, ICC, LCIA, UNCITRAL and the Stockholm Institute. He has also acted in ad hoc arbitrations governed by national laws and before public international law tribunals, including the International Court of Justice. He is currently president of the London Court of International Arbitration and the World Bank Administrative Tribunal.

Jan Paulsson holds the Michael Klein Distinguished Scholar Chair at the University of Miami School of Law, and frequently acts as advocate or arbitrator in international disputes. For 20 years, he headed the international arbitration and public international law groups at the law firm Freshfields.