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Books > Law > International law > Settlement of international disputes > International arbitration
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The Culture of International Arbitration (Hardcover)
Loot Price: R3,609
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The Culture of International Arbitration (Hardcover)
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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.
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