Buch, Englisch, 608 Seiten
Looking Beyond the Common and Civil Law Divide
Buch, Englisch, 608 Seiten
ISBN: 978-94-035-2910-3
Verlag: Kluwer Law International
With contributions from fifty arbitrators, counsel, and academics representing every region of the world where international arbitration has secured a foothold, the volume consolidates and synthesizes a series of discussions sponsored by the Chartered Institute of Arbitrators that took place in Dubai, Johannesburg, and Paris in 2017. The essays identify and address the cultural distinctions that affect the key ever-present factors which have forged the character of modern international arbitration, such as the following:
- the seat of the arbitration and the legal regime to which the arbitration is attached;
- due process, which has different and specific meanings in different national legal systems;
- international standards such as international public policy, illegality, arbitrability, and sanctions;
- the immunity of international arbitrators;
- form of presentation of evidence, production of documents, oral and written submissions, and expert evidence;
- the specific context of international investment arbitration;
- disputes in specific industries or legal areas (telecommunications, construction, mining, intellectual property);
- the role of national judges and the legal traditions they embrace throughout and after arbitration proceedings;
- how to incorporate more conciliatory cultural traditions, which are notably shared in many African and Asian countries; and
- training and opportunities for the next generation in international arbitration.
The book is replete with tools and recommendations to ensure synergy and harmony between the different legal traditions that coexist in today’s arbitral proceedings.
All users of arbitration, whether the arbitrators themselves, lawyers involved as counsel for parties, or judges applying arbitration law, will greatly appreciate this matchless elucidation of the different systems and alternative ways of presenting the divergent procedures and ways of conducting international arbitrations. The book’s immeasurable value to arbitration academics goes without saying.