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COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?

Giuditta Cordero Moss

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0039
Subject:
Law, Public International Law, Private International Law

This chapter illustrates the risk of false friends in international arbitration by looking at one example of transplant from public international law into commercial law, and one from commercial ... More


Norms Arising from the Values Shared by International Commercial Arbitrators

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0004
Subject:
Law, Private International Law

This chapter describes aspects of international arbitration culture that arise from the values shared by international arbitrators. It identifies four categories of social norms that correspond to ... More


Norms Arising from the Institutional Structure of International Commercial Arbitration

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0003
Subject:
Law, Private International Law

This chapter describes aspects of international arbitration culture that arise from the institutional structure of the international arbitration system. It identifies three categories of social norms ... More


The Culture of International Arbitration and The Evolution of Contract Law

Joshua D H Karton

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.001.0001
Subject:
Law, Private International Law

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international ... More


Introduction

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0001
Subject:
Law, Private International Law

This introductory chapter sets out the book’s purpose, which is to explore two discrete subjects whose relationship is acknowledged but often underappreciated: contract law and international ... More


The Political and Cultural History of International Arbitration in Various Legal Traditions

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0003
Subject:
Law, Private International Law, Company and Commercial Law

Arbitration as a means of dispute settlement alternative to litigation never enjoyed an unopposed rise to prominence at any given era in any legal tradition. The reasons for questioning its wisdom ... More


Studying International Arbitral Culture

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0002
Subject:
Law, Private International Law

This chapter provides some background to the cultural theory of international arbitral decision-making presented in the following two chapters. It sets out a definition of ‘culture’ as the term is ... More


Substantive Law Determinations in International Commercial Arbitration: The Legal Rules

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0005
Subject:
Law, Private International Law

This chapter lays out the rules of law that pertain to substantive law determinations in international commercial arbitration and shows how these differ from the rules that apply within national ... More


The Evolving Justifications of International Arbitration

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0005
Subject:
Law, Private International Law, Company and Commercial Law

International arbitration has many justifications. Some are doctrinal and jurisdictional; others are merely promotional. Some of the most frequently cited justifications include flexibility, ... More


Trade Usages as Transnational Law

Fabien Gélinas

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0012
Subject:
Law, Private International Law, Company and Commercial Law

In examining trade usages in the transnational context, this chapter takes as its starting point the perspective of international commercial arbitration, where a narrow conception of usages has been ... More


Case Study 2: The Interpretation of Contracts

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0007
Subject:
Law, Private International Law

This chapter presents a case study of international arbitral decision-making in action on a discrete area of contract law. It examines the decisions of international commercial arbitrators when they ... More


The Culture of International Arbitration

Won L. Kidane

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.001.0001
Subject:
Law, Private International Law, Company and Commercial Law

Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, ... More


Case Study 1: Suspension of Performance

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0006
Subject:
Law, Private International Law

This chapter presents a case study of international arbitral decision-making in action on a discrete area of contract law. It examines the decisions of international commercial arbitrators in cases ... More


Trade Usages in ICC Arbitration

Emmanuel Jolivet, Giacomo Marchisio, and Fabien Gélinas

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0010
Subject:
Law, Private International Law, Company and Commercial Law

In this chapter’s analysis of ICC arbitral awards, two different interpretations of usages can be observed—on the one hand, the strict notion of a trade usage as a repeated practice; on the other, a ... More


The Future of Contract Law

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0008
Subject:
Law, Private International Law

This chapter discusses the implications of international commercial arbitration culture for the future of contract law. In particular, it identifies the substantive law doctrines that arbitrators are ... More


Decisions and Orders of International Institutions

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0004
Subject:
Law, Private International Law, Comparative Law

This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various ... More


The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking

Gilles Cuniberti

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0008
Subject:
Law, Private International Law, Constitutional and Administrative Law

Private powers increasingly legislate for themselves, and one could fear that the autonomy that they gain as a consequence might be misused. While the breadth of the production of private norms ... More


Usages and Implied Terms in Italy

Luca G. Radicati di Brozolo and Giacomo Marchisio

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0005
Subject:
Law, Private International Law, Company and Commercial Law

This chapter provides a theoretical and practical survey of usages under Italian law. It begins with a general overview of contract theory and the taxonomy of usages, in order to suggest that implied ... More


Introduction

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0001
Subject:
Law, Private International Law, Company and Commercial Law

Cultural diversity complicates understanding in international legal proceedings. However, this subject has been sadly neglected in the legal literature, which has given it only superficial attention. ... More


Summary of Conclusions

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0013
Subject:
Law, Private International Law, Company and Commercial Law

International arbitration has developed its own culture but that culture is not representative of the culture of all users of international arbitration. Contrary to what is commonly suggested, it has ... More


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