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Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2: International Arbitration. The Transnationalisation of Dispute Resolution 8th ed

ISBN13: 9781509949236
To be Published: February 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00

Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness.

The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos.

The complete set of this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.

International Trade
1. International Commercial Arbitration
1.1 Introduction
1.2 The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria. Transnational and Domestic Public Policy Considerations in International Arbitrations
1.3 International Arbitration: Initial Steps and Complications
1.4 The Conduct of the Proceedings and the Award
1.5 The Role of National Courts
1.6 The New York Convention. International Recognition and Enforcement of the Awards

2. International Financial Arbitration
2.1 Introduction
2.2 Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation
2.3 Public Policy Concerning Financial Instruments. Remedies
2.4 Complications in International Financial Arbitrations
2.5 The Emergence of P.R.I.M.E.

3. Foreign Investment Arbitration
3.1 Introduction
3.2 The Basic Foreign Investment Protections. Direct Investors' Claims and the Role of Investment Arbitration
3.3 The Applicable Law in Foreign Investments
3.4 Proprietary and Non-proprietary Takings
3.5 Dispute Resolution and The Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty

4. The Reasoning of International Arbitrators
4.1 Introduction
4.2 A Proper Perspective
4.3 Conclusions

Series: Transnational and Comparative Commercial, Financial and Trade Law

Out of print