Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


The Idea of Arbitration

ISBN13: 9780199564163
Published: November 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £74.00
Paperback edition , ISBN13 9780199564170

Despatched in 5 to 7 days.

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, yet accessible 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 rather than 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-contained systems of decision-making and compliance.

Arbitration and Dispute Resolution
1: Arbitral Omnipotence?
1.1: The magic of arbitration
1.2: The generous impulse
1.3: What is a successful arbitration?
1.4: What law creates arbitration?
1.5: What law does arbitration create?
2: The public challenge
2.1: The old debate: contractual or judicial?
2.2: A better premise: sui generis
2.3: Protecting the weak
2.4: Arbitrability
2.5: Public policy
3: Private challenges: disappointed litigants
3.1: Authority to decide jurisdiction
3.2: Jurisdiction v. admissibility
3.3: Severability
3.4: The right to be heard
3.5: Asymmetries
4: Private challenges: third parties
4.1: Beneficiaries or obligors in contract
4.2: Members of associations
4.3: Shareholders
4.4: Creditors
5: Ethical challenges
5.1: Money
5.2: Influence
5.3: Self-aggrandizement
5.4: Fitness to serve
6: International challenges
6.1: Clashes of culture
6.2: Inherent inequality of the parties
6.3: Inherent advantages of some parties
6.4: Private power v. the public interest?
7: Arbitration unbound?
7.1: The erosion of state power
7.2: The power vacuum filled
7.3: A fluid legal universe
7.4: Is this law?
8: Freedom and empowerment
8.1: Self-governance
8.2: Virtuous circles
8.3: The future;