The Culture of International Arbitration and The Evolution of Contract Law

Hardcover | April 24, 2013

byJoshua D. H. Karton

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This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigiouspractitioners in a range of jurisdictions, as well as case studies, conference papers, and unpublished awards, it presents a comparative analysis of arbitral and judicial responses to contractual principles. Part I presents the divergence in outcomes between national court litigation and international arbitration in relation to substantive law determinations, conducting in-depth case studies in two areas: the suspension of performance in response to non-performance, and the admissibility of extrinsicevidence to interpret contracts. Part II accounts for the conclusions of Part I with a comprehensive theory of arbitral decision-making, grounded in evidence gathered first-hand from arbitrators themselves.

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This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigiouspractitioners in a range of jurisdictions, as well as ca...

Joshua Karton is an Assistant Professor in the Faculty of Law at Queen's Univeristy, Ontario. He is admitted to the New York Bar and the American Bar Association, and is a member of the Canadian Council on International Law. He previously practiced as an Associate at Cleary Gottlieb Steen and Hamilton LLP, New York. A section from th...
Format:HardcoverDimensions:296 pages, 9.21 × 6.14 × 0.98 inPublished:April 24, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199658005

ISBN - 13:9780199658008

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Table of Contents

IntroductionPart 1: Substantive Contract Law in International Commercial Arbitration1. Legal Rules Pertaining to Substantive Contract Law in International Arbitration2. Case Study 1: Suspension of Performance3. Case Study 2: The Use of Extrinisic Evidence to Interpret ContractsPart 2: International Arbitral Culture and International Arbitral Decision-Making4. Studying International Arbitral Culture5. Norms Arising from the Institutional Structure of International Commercial Arbitration6. Norms Arising from the Values Shared by International ArbitratorsConclusionThe Evolution of Contract Law