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The Culture of International Arbitration and the Evolution of Contract Law


ISBN13: 9780199658008
Published: March 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £84.00



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This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour.

Drawing on interviews with prestigious practitioners in a range of jurisdictions, as well as case studies, conference papers, and unpublished awards, it presents a comparative analysis of arbitral and judicial responses to contractual principles.

Part I presents the divergence in outcomes between national court litigation and international arbitration in relation to substantive law determinations, conducting in-depth case studies in two areas: the suspension of performance in response to non-performance, and the admissibility of extrinsic evidence to interpret contracts. Part II accounts for the conclusions of Part I with a comprehensive theory of arbitral decision-making, grounded in evidence gathered first-hand from arbitrators themselves.

Subjects:
Arbitration and Dispute Resolution
Contents:
Introduction

PART 1: SUBSTANTIVE CONTRACT LAW IN INTERNATIONAL COMMERCIAL ARBITRATION
1. Legal Rules Pertaining to Substantive Contract Law in International Arbitration
2. Case Study 1: Suspension of Performance
3. Case Study 2: The Use of Extrinisic Evidence to Interpret Contracts

PART 2: INTERNATIONAL ARBITRAL CULTURE AND INTERNATIONAL ARBITRAL DECISION-MAKING
4. Studying International Arbitral Culture
5. Norms Arising from the Institutional Structure of International Commercial Arbitration
6. Norms Arising from the Values Shared by International Arbitrators

CONCLUSION
The Evolution of Contract Law