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Books > Law > International law > Settlement of international disputes > International arbitration
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The Idea of Arbitration (Hardcover)
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The Idea of Arbitration (Hardcover)
Series: Clarendon Law Series
Expected to ship within 10 - 15 working days
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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.
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