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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.