The Idea of Arbitration

Paperback | December 4, 2013

byJan Paulsson

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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 exlores the place of arbitration in the legal process, offering a challenging, yetaccessible 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? Arbitraton 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 ratherthan 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 and its moral hazards, evaluating the promises and dangers of self-containedsystems of decision-making and compliance.

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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 exlores the place of arbitration in the legal process, offering a challenging, yetaccessible overview of the field and its the...

Jan Paulsson heads the international arbitration practice of Freshfields Bruckhaus Deringer. He has acted as counsel or arbitrator in over 400 arbitrations in Europe, Asia, the US and Africa under the rules of the ICSID, ICC, LCIA, UNCITRAL and the Stockholm Institute. He has also acted in ad hoc arbitrations governed by national laws ...

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Format:PaperbackDimensions:250 pages, 8.5 × 5.43 × 0.68 inPublished:December 4, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199564175

ISBN - 13:9780199564170

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Table of Contents

1. Arbitral Omnipotence?1.1. The magic of arbitration1.2. The generous impulse1.3. What is a successful arbitration?1.4. What law creates arbitration?1.5. What law does arbitration create?2. The public challenge2.1. The old debate: contractual or judicial?2.2. A better premise: sui generis2.3. Protecting the weak2.4. Arbitrability2.5. Public policy3. Private challenges: disappointed litigants3.1. Authority to decide jurisdiction3.2. Jurisdiction v. admissibility3.3. Severability3.4. The right to be heard3.5. Asymmetries4. Private challenges: third parties4.1. Beneficiaries or obligors in contract4.2. Members of associations4.3. Shareholders4.4. Creditors5. Ethical challenges5.1. Money5.2. Influence5.3. Self-aggrandizement5.4. Fitness to serve6. International challenges6.1. Clashes of culture6.2. Inherent inequality of the parties6.3. Inherent advantages of some parties6.4. Private power v. the public interest?7. Arbitration unbound?7.1. The erosion of state power7.2. The power vacuum filled7.3. A fluid legal universe7.4. Is this law?8. Freedom and empowerment8.1. Self-governance8.2. Virtuous circles8.3. The future