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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Arbitration of International Business Disputes: Studies in Law and Practice 2nd ed isbn 9780199657131

Arbitration of International Business Disputes: Studies in Law and Practice


ISBN13: 9780199286904
ISBN: 0199286906
New Edition ISBN: 9780199657131
Published: March 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Arbitration of International Business Disputes: Studies in Law and Practice is a collection of articles by William W. Park, one of the leading scholars in international commercial arbitration. The book is a coherent and focused collection of his most significant and timeless articles on business dispute arbitration. The essays address some of the most controversial and interesting questions that have arisen in cross-border business dispute resolution over the past 25 years, particularly in relation to trade, finance and investment disputes.

In this rapidly growing and evolving area of law, many of these debates have recurred over several decades and remain subject to radically different views. Examples of the issues examined by Professor Park are the proper role of national arbitration statutes, investment arbitration under free trade agreements, and the balance between fixed rules and arbitral discretion.

The book is structured around five themes: procedural evolution in business arbitration; issues surrounding the legal framework (such as arbitral jurisdiction, the effect of annulment, and investment arbitration); arbitral proceedings, which focuses on the tensions between fairness and efficiency, and substantive norms ; and a comparison of the application of arbitration to the areas of finance, intellectual property and taxation.

The original articles have been thoroughly revised and updated to provide a contemporary perspective, while the collection is prefaced by a major new article, Procedural Evolution in Business Arbitration: Three Studies in Change, which draws together the key themes. The foreword has been written by Gabrielle Kauffmann-Kohler, President of the Swiss Arbitration Association. The book will appeal to serious arbitration practitioners and academics alike.

  • Collection of significant and timeless articles by a leading scholar in international commercial arbitration
  • Fully revised and updated to ensure relevance to the international arbitration lawyer working today
  • William W. Park's essays examine some of the most controversial and interesting issues in cross-border business dispute resolution of the last twenty five years, many of which remain subject to radically different views
  • The text is prefaced by a major new article, Procedural Evolution in Business Arbitration: Three Case Studies, which draws together the key themes of the book
  • Includes a Foreword by Gabrielle Kauffmann-Kohler, President of the Swiss Arbitration Association
  • This is an essential text for serious arbitration academics and practitioners alike

Subjects:
International Trade, Arbitration and Dispute Resolution
Contents:
Gabrielle Kauffman-Kohler, Attorney-at-Law, Partner, Schellenberg Wittmer, Professor at the University of Geneva: Foreword
I. Procedural Evolution in Business Arbitration
II. Legal Framework: Courts, Statutes and Treaties
A. Arbitral Authority
1. Who Decides What?
2. Kompetenz-Kompetenz: The Arbitrability Dicta in First Options
3. The Contours of Arbitral Jurisdiction
4. Private Adjudicators and the Public Interest
B. Judicial Supervision as Risk Management
1. Quis Custodiet Ipsos Custodes?
2. Why Courts Review Arbitral Awards
3. The Arbitral Situs and Lex Loci Arbitri
4. Saving the FAA
C. The Effect of Annulment
1. What is to be Done with Vacated Awards?
2. Duty and Discretion in International Arbitration
D. The Architecture of Arbitration
1. The Interaction of Courts and Arbitrators in England
2. Amending the Federal Arbitration Act
3. Laurence Craig, Jan Paulsson and William W. Park (co-authors): National Constraints on ICC Arbitration
4. The New York Convention and the International Currency of Awards
E. Investment Arbitration
1. The Challenge of Sovereignty
2. Guillermo Aguilar Alvarez and William W. Park (co-authors): The New Face of Investment Arbitration
3. Legal Issues in the Third World's Economic Development
F. The Contractual Context
1. A Cautionary Tale about Hometown Justice
2. The Arbitration Clause: Drafting Considerations
G. Comparing Arbitration and Court Selection
1. The Hague Choice of Court Convention
2. Bridging the Gap in Forum Selection
3. When and Why Arbitration Matters
III. Arbitral Proceedings: Establishing the Facts and Applying the Law
A. Tensions Between Fairness and Efficiency
1. Arbitration's Discontents: Of Elephants and Pornography
2. Arbitration's Protean Nature: The Value of Rules and the Risks of Discretion
B. Substantive Norms
1. National Law and Commercial Justice
2. Neutrality, Predictability and Economic Cooperation
3. Laurence Craig, Jan Paulsson and William W. Park (co-authors): Lex Mercatoria
IV. Specialized Applications of Arbitration
A. Financial Transactions
1. Arbitration in Banking and Finance
2. Jurisdictional Issues in Financial Arbitration
B. Intellectual Property
1. Betting the Family Jewels
2. Irony in Intellectual Property Arbitration
C. Taxation
1. David Tillinghast and William W. Park (co-authors): Tax Treaty Arbitration: What is Needed and Why
2. Arbitration and the Fisc: NAFTA's Tax Veto