Books > Law > International law > Settlement of international disputes > International arbitration
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Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)
Loot Price: R2,995
Discovery Miles 29 950
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Rethinking International Commercial Arbitration - Towards Default Arbitration (Hardcover)
Series: Rethinking Law series
Expected to ship within 12 - 17 working days
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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.
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