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Arbitrators as Lawmakers: The Creation of General Rules Through Consistent Decision Making in International Commercial and Investment Arbitration

ISBN13: 9789041183545
Published: June 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £188.00

In stock.

Arbitrators as Lawmakers analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration.

Arbitral lawmaking is an emerging topic with the existing literature not providing the needed analysis of legal theory and arbitral practice. This book aims to bridge the gap by explaining the three different stages of arbitral lawmaking – before, during, and after the rule is made: first stage is the situation of the arbitrator and the legal framework governing it; second stage is the process of lawmaking; and finally the third stage is when the consistent arbitral solution is launched to a wider public.

What’s in this book:

This book investigates and responds to the following questions:-

  • What is the relationship between international arbitration and the law and courts of the seat?
  • What is the role of international tribunals in enforcing and controlling investment arbitration?
  • What is the scope of arbitrators’ freedom in decision-making?
  • What constraints limit arbitrators’ decision-making and contribute to consistency?
  • Is international arbitration capable of paying deference to past arbitral decisions?
  • Which rules have arbitrators created in procedural and substantive matters?
  • What is the role and status of consistent arbitral decisions? Is there an arbitral legal system?
The answers to these questions are drawn from arbitral decisions made available to the public, clarifying important issues about jurisdiction, procedure, applicable law, interpretation of substantive rules and instruments, and remedies.

How this will help you:-

Providing a thorough and multidisciplinary analysis of the actors, process, and outcome of arbitral lawmaking, this study shows how arbitrators create principles of law through consistent arbitral decision-making. As such, it is of immeasurable and lasting value to practitioners, scholars, arbitral institutions, and international organizations worldwide, for all of whom it will not only enable an understanding of arbitral decision-making and arbitrator-made rules but also foster transparency and accountability in the process of arbitral decision-making.

Arbitration and Alternative Dispute Resolution
About the Author
List of Abbreviations

PART I The Actors of Arbitral Lawmaking
CHAPTER 1 The Autonomy of International Commercial Arbitration
CHAPTER 2 The Autonomy of International Investment Arbitration

PART II The Process of Arbitral Lawmaking
CHAPTER 3 Arbitrators’ Freedom in Arbitral Decision-Making
CHAPTER 4 Arbitrators’ Constraints in Arbitral Decision-Making

PART III The Product of Arbitral Lawmaking
CHAPTER 5 Consistent Arbitral Solutions
CHAPTER 6 The Status of Consistent Arbitral Solutions

Table of Cases, Treaties, Legislation, Rules and Guidelines

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published July 2020
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract & Multi-Issue 2nd ed ISBN 9789403512617
To be published June 2020
Kluwer Law International
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print