Diversity in International Arbitration

Diversity in International Arbitration PDF

Author: Shahla F. Ali

Publisher: Edward Elgar Publishing

Published: 2022-11-04

Total Pages: 313

ISBN-13: 1803920041

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After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

The Culture of International Arbitration

The Culture of International Arbitration PDF

Author: Won Kidane

Publisher: Oxford University Press

Published: 2017

Total Pages: 337

ISBN-13: 019997392X

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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.

Ethics in International Arbitration

Ethics in International Arbitration PDF

Author: Catherine A. Rogers

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780198713203

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International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Identity and Diversity on the International Bench

Identity and Diversity on the International Bench PDF

Author: Freya Baetens

Publisher: Oxford University Press, USA

Published: 2021-02-10

Total Pages: 593

ISBN-13: 0198870752

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Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Diversity and Integration in Private International Law

Diversity and Integration in Private International Law PDF

Author: Veronica Ruiz Abou-Nigm

Publisher: Edinburgh University Press

Published: 2019-08-21

Total Pages: 416

ISBN-13: 1474447872

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Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

The Diversity of International Law

The Diversity of International Law PDF

Author: Aristotle Constantinides

Publisher: BRILL

Published: 2009-09-25

Total Pages: 720

ISBN-13: 9047444728

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This collection of essays in honour of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece, brings to light the multiple faces, the expanding scope and diversity of international law.

Treaty Interpretation and the Vienna Convention on the Law of Treaties

Treaty Interpretation and the Vienna Convention on the Law of Treaties PDF

Author: M. Fitzmaurice

Publisher: BRILL

Published: 2010

Total Pages: 397

ISBN-13: 9004181040

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Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

A Farewell to Fragmentation

A Farewell to Fragmentation PDF

Author: Mads Tønnesson Andenæs

Publisher: Cambridge University Press

Published: 2015-10-09

Total Pages: 605

ISBN-13: 1107082099

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Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

International Arbitration and the COVID-19 Revolution

International Arbitration and the COVID-19 Revolution PDF

Author: Maxi Scherer

Publisher: Kluwer Law International B.V.

Published: 2020-11-17

Total Pages: 314

ISBN-13: 9403528435

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International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.