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Building the Civilization of Arbitration

Edited by: Thomas Carbonneau, Angelica Sinopole

ISBN13: 9780854900688
Published: April 2010
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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This book brings together a group of distinguished academics and practitioners and codifies their discussion of cutting-edge topics in the contemporary law of arbitration.

A number of the contributors are members of the American Law Institute's drafting committee on the Restatement of the Law of International Arbitration, a document likely to have a significant impact on the development and evolution of law in the area.

The subject matter of the chapters variously accesses the development of investment arbitration, the difficulties raised by adhesionary arbitration, the problems associated with the State regulation of the arbitral process, the role of courts in acclimatizing the legal system to arbitration, the continued power of contracting parties in establishing and operating arbitrations, and the significance of recent US. Supreme Court rulings. A number of the authors have substantial practical experience in the process; all are well-known and regarded in the field.

Originally published as a symposium issue of the Penn State Law Review, the volume is intended to provide meaningful insights and useful guidance to students and practitioners of the process alike. The perspective adopted in the considerations is both national and international.

The Dean of Penn State Law, Philip J. McConnaughay, himself an authority on arbitration, provided invaluable support for the symposium and book project.

Comparative Law, Wildy, Simmonds and Hill, Arbitration and Alternative Dispute Resolution

Chapter One Contractual Modifications of the Arbitral Process - Hans Smit
Chapter Two Ascertaining the Parties’ Intentions in Arbitral Design - George A Berman
Chapter Three State Interests and Arbitration: The Russian Model - William E Butler
Chapter Four Agreements to Arbitrate and the Predictability of Procedures - Lawrence W Newman
Chapter Five Arbitration, Civilization and Public Policy: Seeking Counterpoise between Arbitral Autonomy and the Public Policy Defense in View of Foreign Mandatory Public Law - Christopher S Gibson
Chapter Six Private Ordering and International Commercial Arbitration - Christopher R Drahozal
Chapter Seven Personal Autonomy and Vacatur After Hall Street - Richard C Reuben
Chapter Eight How Congress Can Make a More Equitable Federal Arbitration Act - Richard A Bales and Sue Irion
Chapter Nine Empirical Research on Consumer Arbitration: What the Data Reveals - Sarah R Cole and Kristen M Blankley
Chapter Ten Consumer Arbitration in the Evolving Canadian Landscape - Geneviève Saumier
Chapter Eleven The Emerging Civilization of Investment Arbitration - Andrea K Bjorklund
Chapter Twelve The Relevance of the Interests of Third Parties in Arbitration: Taking a CloserLook at the Elephant in the Room - Stavros Brekoulakis
Chapter Thirteen Denial of Benefits and Article 17 of the Energy Charter Treaty - Loukas A. Mistelis and Crina Mihaela Baltag
Chapter Fourteen Restating the U.S. Law of International Commercial Arbitration - George A Bermann, Jack J Coe Jr, Christopher R Drahozal, and Catherine A Rogers
Chapter Fifteen Judicial Approbation in Building the Civilization of Arbitration - Thomas E Carbonneau;

Series: JCL Studies in Comparative Law

Comparative Legal Studies 1750-1835: Approaches to Conceptulization in 2 Volumes ISBN 9780854902729
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Comparative Legal Reasoning: Essays in Honour of Geoffrey Samuel
Edited by: Simone Glanert
ISBN 9780854902484
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Chinese Conflicts of Law: A Restatement and Legisprudence Proposal ISBN 9780854902477
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Turkey and the International Law of the Sea ISBN 9780854902392
Published November 2017
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Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
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Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
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The Interaction of Legal Systems: Post-Soviet Approaches ISBN 9780854901616
Published April 2015
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Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
The Legal Regime of Chinese Overseas Investment ISBN 9780854901531
Published December 2014
Wildy, Simmonds and Hill Publishing
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
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Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
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A Court in the City: Civil and Commercial Litigation in London at the Beginning of the 21st Century ISBN 9780854901319
Published October 2013
Wildy, Simmonds and Hill Publishing
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
Mixed Legal Systems at New Frontiers
Edited by: Esin Orucu
ISBN 9780854900701
Published May 2010
Wildy, Simmonds and Hill Publishing
Constitutional Courts: A Comparative Study ISBN 9780854900633
Published November 2009
Wildy, Simmonds and Hill Publishing