Economic Analysis Of The Arbitrator S Function
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Economic Analysis Of The Arbitrator S Function
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Author : Bruno Guandalini
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-16
Economic Analysis Of The Arbitrator S Function written by Bruno Guandalini and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-16 with Law categories.
Economic Analysis of the Arbitrator’s Function Bruno Guandalini Arbitration has become an important market, where arbitrators are rational economic agents maximizing their utility. Although this is self-evident, it is rarely discussed. This penetrating book is the first to comprehensively analyze the market for arbitrators and arbitrators’ economic role within it. In great depth, the author tackles such salient issues as the following: effect of perceived inefficiencies and high costs on arbitration legitimacy; alleged commercialization of the arbitrator’s function; possible ethical problem raised by financial remuneration for rendering justice; what motivates a person to arbitrate; market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market; structural and artificial entry barriers; effect of an arbitrator’s strategic behavior on the arbitrator’s function; limitations on an arbitrator’s rationality; and preventing and correcting these limitations. Numerous references to customs and procedures in major arbitral jurisdictions and to international laws and conventions affecting the efficiency of the arbitrator’s function are included. Pursuing a non-prescriptive analysis, the author draws on the discipline of law and economics, rational choice theory, behavioral economics, and psychological work on bounded rationality. Understanding the arbitrator’s function as a legal institution that is influenced by the market, this pioneer in developing and systematizing the study of the market for arbitrators and how it works will prove of inestimable value to all stakeholders in the arbitration market. Arbitrators, policymakers, regulators, and academics will be enabled to open the way to a more efficient market for arbitrators and betterment in arbitration worldwide.
Arbitration S Age Of Enlightenment
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Author : Cavinder Bull
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-09-12
Arbitration S Age Of Enlightenment written by Cavinder Bull and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-12 with Law categories.
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses
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Author : Barbara Alicja Warwas
language : en
Publisher: Springer
Release Date : 2016-09-24
The Liability Of Arbitral Institutions Legitimacy Challenges And Functional Responses written by Barbara Alicja Warwas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-24 with Law categories.
This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.
Light The Lamp
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Author : Christopher Charles Findlay
language : en
Publisher: World Scientific
Release Date : 2010
Light The Lamp written by Christopher Charles Findlay and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
Ch. 1. The future of world trade policy -- ch. 2. Evaluating the impact of the WTO information technology agreement. 2.1. Introduction. 2.2. Some facts on ITA trade. 2.3. The impact of the ITA : a gravity model approach. 2.4. Regression results. 2.5. Conclusions -- 3. Economic analysis and WTO arbitration cases. 3.1. Introduction. 3.2. The mandate. 3.3. An economic interpretation of the mandate. 3.4. An economic taxonomy of WTO. 3.5. The role of economists in WTO arbitration cases -- ch. 4. The impact of manufacturing protection on agricultural incentives in Australia. 4.1. Structural changes since 1950. 4.2. Methodology for measuring distortions to incentives. 4.3. Measuring Nominal Rates of Assistance (NRAs). 4.4. NRA estimates and the evolution of policies. 4.5. Prospects for further policy reform. 4.6. Comparison with other high-income countries. 4.7. Conclusion -- ch. 5. India and the global demand for commodities : is there an elephant in the room? 5.1. Introduction. 5.2. India is big but its growth is different. 5.3. Metals. 5.4. Energy. 5.5. Food. 5.6. Conclusion -- ch. 6. Foreign direct investment in China : trends, characteristics and impacts. 6.1. Introduction. 6.2. Growth trend of FDI inflows in China. 6.3. Characteristics of FDI in China. 6.4. Impact of FDI on China's economy. 6.5. Technology transfer and spillover effects of FDI. 6.6. Conclusion -- ch. 7. The changing patterns of trade and investment in East Asia. 7.1. Introduction. 7.2. Changing patterns of foreign trade in East Asia. 7.3. Foreign direct investment and foreign trade : increasing role of multinational corporations in international trade. 7.4. Changing policy environment : liberalisation of trade and FDI policies. 7.5. Concluding remarks -- ch. 8. The integration of the electronics sector in ASEAN. 8.1. The electronics sector. 8.2. The electronics sector : ASEAN. 8.3. Challenges to integration. 8.4. The future for the integration of the electronics sector. 8.5. Recommendations -- ch. 9. Regional value chains and Asian regionalism. 9.1. Patterns of development and the emergence of regional value chains in East Asia. 9.2. Regionalism in East Asia. 9.3. Reducing trade costs in East Asia. 9.4. Conclusion -- ch. 10. Recent developments in the literature on foreign direct investment and labour markets. 10.1. Recent theoretical developments in understanding the effects of FDI. 10.2. The recent evidence on the labour market effects of FDI. 10.3. Some final observations -- ch. 11. Competition policy in international airline markets : an agenda and a proposed solution. 11.1. Introduction. 11.2. Mergers and alliances in airline markets. 11.3. Intersection of regional and domestic policies : a trans-Tasman case study. 11.4. Regulatory errors and multiple competition authorities. 11.5. Steps towards a multilateral competition policy for airline markets. 11.6. Summary and conclusions
Making Transnational Law Work In The Global Economy
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Author : Pieter H. F. Bekker
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
Making Transnational Law Work In The Global Economy written by Pieter H. F. Bekker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.
Litigation And Arbitration In Eu Competition Law
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Author : Mel Marquis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-02-27
Litigation And Arbitration In Eu Competition Law written by Mel Marquis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-27 with Law categories.
With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspe
Good Faith In International Commercial Arbitration
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Author : Sabrina Pearson-Wenger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-07-15
Good Faith In International Commercial Arbitration written by Sabrina Pearson-Wenger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-15 with Law categories.
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehensive description of the role and scope of good faith under governing laws in key jurisdictions (England, New York, Switzerland, France, Germany, China, Singapore, Hong Kong, Australia, and Canada) as well as under the CISG, the UNIDROIT Principles, and other uniform law and soft law instruments. The book greatly clarifies the source and role of good faith with respect to the following issues surrounding the arbitration agreement: formal validity of the arbitration agreement; incorporation of the arbitration agreement by reference; interpretation of the arbitration agreement; capacity and power of the parties to arbitrate; extension of an arbitration agreement to a non-signatory party; pre-arbitration requirements to negotiate or mediate; and performance of the arbitration agreement. Proposed guidelines for the application of good faith to each of these issues are included, along with useful figures summarizing the content of the obligations to negotiate or mediate in good faith prior to resorting to arbitration as well as the obligation to arbitrate in good faith. By analysing the role and scope of good faith under different national and non-national laws, this book will prove of inestimable value not only by providing invaluable insight into the recourse to good faith by arbitral tribunals but also by providing guidance on how good faith should be applied to the parties’ contract in international commercial arbitration. Arbitrators, as well as users of arbitration, will welcome the clarity on how good faith is applied to the various issues surrounding the arbitration agreement and, in particular, to the pre-arbitration requirements to negotiate or mediate as well as the performance of the arbitration agreement.
Investment Arbitration And International Climate Change Law
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Author : Thomas Lehmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2025-04-23
Investment Arbitration And International Climate Change Law written by Thomas Lehmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-23 with Law categories.
Climate change policies are triggering an increasing number of investment disputes, even as politi-cal concern grows that international investment treaties may impede climate change action. This in-dispensable book presents the first in-depth analysis of the nexus of international climate change law (ICCL) with investors’ legitimate expectations, offering practical ways to integrate ICCL in the resolution of energy investment disputes. Drawing on forty-two publicly available arbitral awards and on state-of-the-art doctrinal research, the author provides compelling new insights on the following: energy sector’s predominance in investment disputes; doctrinal debates on fair and equitable treatment; scope of energy investors’ legitimate expectations and ways to bridge divergent views; legal compatibility of ICCL with international investment law; impact of ICCL on energy investors’ legitimate expectations; Energy Charter Treaty reform and whether it supports net zero objectives; and investment arbitration as an instrument to enforce climate change commitments. An invaluable annex presents details of a range of energy disputes and awards, in-cluding decisions on legitimate expectations, investor due diligence, and climate change. This timely work provides key insights for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will be of immeasurable value to en-ergy investors and their counsel, government officials, arbitrators, and scholars.
Theory Law And Practice Of Maritime Arbitration
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Author : Eva Litina
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-10
Theory Law And Practice Of Maritime Arbitration written by Eva Litina and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.
International Arbitration And Global Governance
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Author : Walter Mattli
language : en
Publisher: OUP Oxford
Release Date : 2014-07-18
International Arbitration And Global Governance written by Walter Mattli and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Political Science categories.
Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational private legal system that gradually evolves according to the needs of market actors without much state interference. Others fear that private courts allow transnational actors to circumvent state regulation and create an illegitimate judicial system that is driven by powerful transnational companies at the expense of collective public interests. Still others accept that these contrasting views serve as useful starting points of an analysis but are too simplistic to adequately understand the complex governance structures that international arbitration courts have been developing over the last two decades. In sum, this book offers a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about arbitration courts and their exercise of private governance power in the transnational realm. This debate is generating fascinating new insights into such central topics as legitimacy, constitutional order and justice beyond classical nation state institutions.