Screen LibraryRethinking international commercial arbitration : towards default arbitration /
"[This book rethinks] the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the...
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| Main Authors: | |
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| Published: |
Edward Elgar Publishing,
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| Publisher Address: | Cheltenham, UK : |
| Publication Dates: | [2017] |
| Literature type: | Book |
| Language: | English |
| Series: |
Rethinking law
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| Subjects: | |
| Summary: |
"[This book rethinks] the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between part |
| Carrier Form: | ix, 246 pages ; 25 cm. |
| Bibliography: | Includes bibliographical references (page 236) and index. |
| ISBN: |
9781786432391 1786432390 |
| Index Number: | KJC4169 |
| CLC: | D997.4 |
| Call Number: | D997.4/C972 |
| Contents: | The most suitable mode of dispute resolution -- Foreign investment arbitration -- Domain name arbitration -- The French experience -- The legitimacy of private international adjudication -- The public functions of courts -- European law -- The Constitution of the United States -- The proposed model -- Variant 1 : arbitration as forum conveniens -- Variant 2 : ending the commercial judicial subsidy -- Indirect paths -- Direct paths. |