Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)

This innovative book proposes a fundamental rethink of 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 parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.

General

Imprint:	Edward Elgar Publishing Ltd
Country of origin:	United Kingdom
Series:	Rethinking Law series
Release date:	May 2017
Authors:	Gilles Cuniberti
Dimensions:	234 x 156mm (L x W)
Format:	Hardcover
Pages:	256
ISBN-13:	978-1-78643-239-1
Categories:	Books > Law > International law > Settlement of international disputes > International arbitration Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure Books > Law > International law > Public international law > International economic & trade law > General
LSN:	1-78643-239-0
Barcode:	9781786432391

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