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Vol 25 No 1 Jan/Feb 2020

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The Oxford Handbook of International Arbitration

Edited by: Thomas Schultz, Federico Ortino

ISBN13: 9780198796190
To be Published: June 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



This Handbook gives voice to many of the key scholars in international arbitration, and some of its leading practitioners, to present and discuss cutting-edge knowledge in the area. It reflects the different 'languages' used in the field, and offers the reader a one-stop-shop entry into the subject, and the ways in which international arbitration is discussed today.

The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
1: Arbitration Literature, Thomas Schultz and Niccolò Ridi
Part I: Cornerstones
2: Arbitration and Law, William W. Park
3: Arbitral Jurisdiction, Alex Mills
4: Appointment of Arbitrators, Jan Paulsson
5: Transnational Public Policy in International Arbitration, Stavros Brekoulakis
6: Human Rights and International Investment Arbitration, Ursula Kriebaum
7: Enforcement of awards, Andrea K. Bjorklund
8: Inter-State arbitration, V.V. Veeder
Part II: Actors
9: The Ethos of Arbitration, Thomas Schultz
10: Marginals and Elites in International Arbitration, Florian Grisel
11: Mediators in Arbitration, Jacqueline Nolan-Haley
12: Civil Society and International Investment Arbitration: Tracing the Evolution of Concern, Nathalie Bernasconi, Martin Dietrich Brauch, and Howard Mann
13: The Control Over Knowledge by International Courts and Arbitral Tribunals, Jean d'Aspremont
Part III
14: Efficiency. What Else? Efficiency as the Emerging Defining Value of International Arbitration: Between Systems Theories and Party Autonomy, Loukas Mistelis
15: Legal Certainty and Arbitration, Frédéric Bachand and Fabien Gélinas
16: International Arbitration as Private and Public Good, Ralf Michaels
17: Investment Arbitration as Constitutional Law: Constitutional Analogies, Linkages, and Absences, David Schneiderman
18: The Environment and Investment Arbitration, Makane Moïse Mbengue and Deepak Raju
19: The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits, David Caron and Esme Shirlow
20: Arbitration over Disputed Resources, Tibisay Morgandi
Part IV: Paradigms
21: International Arbitration: A Critical Private International Law Perspective, Horatia Muir Watt
22: Arbitration: A Feminist Approach, Hélène Ruiz Fabri and Edoardo Stoppioni
23: The Arbitral Legal Order: Evolution and Recognition, Emmanuel Gaillard
24: Epistemic Communities in International Arbitration, Andrea Bianchi
25: Artificial Intelligence and Arbitration, Myriam Gicquello
26: Investment Treaty Arbitration as Justice Bubbles, Anil Yilmaz Vastardis
Part V: Empirical Evidence
27: Empirical Findings on International Arbitration: An Overview, Christopher R. Drahozal
28: The Rule Of Law Effects Of Commercial Arbitration From A Socio-Legal Perspective, Thomas Dietz
29: Investment Arbitration and Political Systems Theory, Cédric Dupont, Thomas Schultz, and Jason Yackee
30: The Sociological Dimension Of International Arbitration: The Investment Arbitration Culture, Moshe Hirsch
31: The Politics of Investment Treaty Arbitration, Lauge N. Skovgaard Poulsen
Part VI: Perspectives
32: International Commercial Arbitration: The Creation Of A Legal Market, Yves Dezalay and Bryant G. Garth
33: The Creation of Investor-State Arbitration, Taylor St John
34: Energy Arbitrations, Elena Cima
35: Interstate Arbitration: Five Moments, Alexis Keller
36: Arbitration From a Law and Economics Perspective, Anne van Aaken and Tomer Broude
37: Arbitration and Literature, François Ost
38: Arbitration in its Psychological Context: A Contextual Behavioral Account of Arbitral Decision-making, Tony Cole and Pietro Ortolani