Arbitration of International Business Disputes: Studies in Law and Practice by William W. ParkArbitration of International Business Disputes: Studies in Law and Practice by William W. Park

Arbitration of International Business Disputes: Studies in Law and Practice

byWilliam W. Park

Hardcover | October 29, 2012

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Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversialquestions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolutionof arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness andefficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
William W. (Rusty) Park is Professor of Law at Boston University, respected Arbitrator, and President of the London Court of International Arbitration. His practice and teaching focus on international financial and commercial transactions. He was previously Director of Banking Law Studies at Boston University and has held visiting aca...
Title:Arbitration of International Business Disputes: Studies in Law and PracticeFormat:HardcoverDimensions:944 pages, 9.69 × 6.73 × 0.03 inPublished:October 29, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199657130

ISBN - 13:9780199657131

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Table of Contents

I. The Nature of International Business Arbitration1. Change and Continuity: The Maturing of Arbitration2. Arbitrator Integrity3. Arbitration and Accuracy4. The Politics of Arbitration5. Arbitration s Procedural MatrixII. Legal Framework: Courts, Statutes and TreatiesA. Arbitral Jurisdiction1. Who Decides What? A Comment on Lesotho Highlands2. The Arbitrability Dicta in First Options3. The Contours of Arbitral Jurisdiction4. Private Adjudicators and the Public Interest5. The Arbitrator s Jurisdiction to Determine Jurisdiction6. Non-Signatories and International ContractsB. Judicial Supervision1. Quis Custodiet Ipsos Custodes?2. Why Courts Review Arbitral Awards3. The Arbitral Situs and Lex Loci Arbitri4. Saving the FAAC. The Effect of Annulment1. What is to be Done with Annulled Awards?2. Duty and Discretion in International ArbitrationD. The Architecture of Arbitration1. The Interaction of Courts and Arbitrators in England2. Amending the Federal Arbitration Act3. National Constraints on International Arbitration4. The International Currency of Awards5. Convention Violations and Investment Claims6. Treaty Obligations and National LawE. The Contractual Context1. A Cautionary Tale About Hometown Justice2. The Arbitration Clause: Drafting ConsiderationsIII. Arbitral Proceedings: Establishing the Facts and Applying the LawA. Counterpoise Between Fairness and Efficiency1. Arbitration s Discontents: Of Elephants and Pornography2. The Value of Rules and the Risks of Discretion3. Two Faces of Progress4. The Four Musketeers of Arbitral DutyB. Substantive Norms1. National Law and Commercial Justice2. Neutrality, Predictability and Economic Cooperation3. Lex Mercatoria4. Rules and Standards in Private International Law5. The Uses of Comparative Law in Arbitration6. Framing the Case on QuantumC. Procedural Norms1. The Procedural Soft Law of International Arbitration2. Procedural Default Rules RevisitedIV. Selected Issues for Further StudyA. Financial Transactions1. Arbitration in Banking and Finance2. Mass Claims and Dormant Swiss AccountsB. Intellectual Property1. Betting the Family Jewels: Intellectual PropertyC. Taxation1. Arbitrability and TaxD. Investment Arbitration1. The Challenge of Sovereignty2. The New Face of Investment Arbitration3. Legal Issues in the Third World s Economic DevelopmentE. Comparing Arbitration and Court Selection1. The Hague Choice of Court Convention2. Bridging the Gap in Forum Selection3. When and Why Arbitration MattersIndex

Editorial Reviews

"This is the book to read for anyone who wishes to understand the evolution of arbitration in the last quarter of a century." --Gabrielle Kaufmann-Kohler, President of the Swiss Arbitration Association