Diversity In International Arbitration

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1803920041
Total Pages : 313 pages
Book Rating : 4.47/5 ( download)

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Download or read book Diversity in International Arbitration written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2022-11-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

Author : Won Kidane
Publisher : Oxford University Press
ISBN 13 : 019997392X
Total Pages : 337 pages
Book Rating : 4.27/5 ( download)

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Download or read book The Culture of International Arbitration written by Won Kidane and published by Oxford University Press. This book was released on 2017 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

Author : Catherine A. Rogers
Publisher : Oxford University Press, USA
ISBN 13 : 9780198713203
Total Pages : 0 pages
Book Rating : 4.07/5 ( download)

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Download or read book Ethics in International Arbitration written by Catherine A. Rogers and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Author : Freya Baetens
Publisher : Oxford University Press, USA
ISBN 13 : 0198870752
Total Pages : 593 pages
Book Rating : 4.53/5 ( download)

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Download or read book Identity and Diversity on the International Bench written by Freya Baetens and published by Oxford University Press, USA. This book was released on 2021-02-10 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.74/5 ( download)

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Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Author : Veronica Ruiz Abou-Nigm
Publisher : Edinburgh University Press
ISBN 13 : 1474447872
Total Pages : 416 pages
Book Rating : 4.74/5 ( download)

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Download or read book Diversity and Integration in Private International Law written by Veronica Ruiz Abou-Nigm and published by Edinburgh University Press. This book was released on 2019-08-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

Author : Aristotle Constantinides
Publisher : BRILL
ISBN 13 : 9047444728
Total Pages : 720 pages
Book Rating : 4.25/5 ( download)

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Download or read book The Diversity of International Law written by Aristotle Constantinides and published by BRILL. This book was released on 2009-09-25 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays in honour of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece, brings to light the multiple faces, the expanding scope and diversity of international law.

Author : M. Fitzmaurice
Publisher : BRILL
ISBN 13 : 9004181040
Total Pages : 397 pages
Book Rating : 4.45/5 ( download)

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Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties written by M. Fitzmaurice and published by BRILL. This book was released on 2010 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

Author : Mads Tønnesson Andenæs
Publisher : Cambridge University Press
ISBN 13 : 1107082099
Total Pages : 605 pages
Book Rating : 4.90/5 ( download)

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Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.12/5 ( download)

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Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.