... Legitimacy Prisoner’s dilemma PD Transaction costs North D Good faith Lex Mercatoria Medieval Law Merchant MLM Non discrimination Pacta sunt sevanda Regimes Enforcement of awards Westphalian State system France Governing law United Kingdom United States International commercial arbitration...

..., would significantly harden persuasive authority, adding express presumptions and burdens to the mix. Precedent Stare decisis Appeals Supervision Arnaud R Awards International Chamber of Commerce ICC International commercial arbitration ICA Publication of awards Judicialization Karton J Lex...

...Table 10.1 The overlap between ISA and ICA elite arbitrators Names No. of ICSID appointments (2005–2017) Who’s Who List of the Most Highly Regarded Individuals in Commercial Arbitration (2015) Practice in ICA (as arbitrator) Stern, Brigitte 57 N Y Orrego Vicuna...

.... Figure 1.4. ICSID Caseload 1992–2012. Figure 1.5. BITs 1960–2010. Figure 1.6. Overview of the models. This chapter seeks to map and assess the rise of international commercial arbitration and investment arbitration in the era of globalization. Section 1 presents four principal models...

...” is highly disputed. This chapter argues that international commercial arbitration increasingly addresses this problem in a move of self-constitutionalization. It traces how arbitral practice gradually establishes a hierarchy of legal norms that integrates both transnational and domestic public policy...

...This chapter analyzes the institutional, jurisprudential, and normative foundations of the international commercial arbitration and investor-state regimes. Adopting a critical political economy approach, it argues that these regimes serve a constitutional function by articulating legal standards...

...Soia Mentschikoff, Commercial Arbitration In: Discussions in Dispute Resolution. Edited by: Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole, Oxford University Press (2021). © Oxford University Press. DOI: 10.1093/oso/9780197513248.003.0046 This article...

... points. It then discusses the laws that had governed the country's international commercial arbitration before turning to the Scottish Arbitration Code 1999 and the Arbitration (Scotland) Bills of 2002 and 2009. It also examines the Arbitration (Scotland) Act 2010, designed to offer a ‘one-stop shop...

.... Finally, it discusses the International Law Association's report which surveyed the sources of confidentiality and covered the UNCITRAL Model Law, thirty national jurisdictions and twenty-two international commercial arbitration institutions. arbitrators confidential information confidentiality duty...

... the seat of arbitration, default rules, mandatory rules, and the debate over delocalisation theory concerning the seat of arbitration in international commercial arbitration. It also considers jurisdictions where delocalisation theory has received support, such as France, Switzerland and Belgium. party...

... in Scotland) and the most important current issues that are arising in the field of international commercial arbitration. It includes a number of highly relevant legal case studies that compare Scottish and international practice. These provide a practical insight into the various aspects of arbitration...

... commercial arbitration. Courts Legal profession Judges Justice System Reform Alternative dispute resolution Saiban in lay assessors system Supreme Court Habeas corpus Intellectual Property High Court Lay judiciary Family law International commercial arbitration Japanese law courts justice system...

... , 151–160. Alphen aan den Rijn: Wolters Kluwer, 2012. Dezalay, Ives and Garth, Bryant G.   Dealing in Virtue. International Commercial Arbitration and the Construction of a Transnational Legal Order . Chicago/London: The University of Chicago Press, 1996 . Gaillard...

...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 commercial arbitration. Most commentators assume that when international commercial arbitrators apply...

...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 where a party has suspended performance. The chapter begins with an overview of the remedy...

... considerations governing contractual behaviour outside the discrete communication system provided by the formal contract itself. As a result, it cannot translate the expectations grounded in business relations and conventions of dealing easily into its default standards for regulation. Commercial arbitration...

... Facility Rules ICSID bilateral investment treaties BITs Convention on the Settlement of Investment Disputes between States and Nationals of Other States ICSID Convention Energy Charter Treaty ECT International Centre for the Settlement of Investment Disputes ICSID international commercial arbitration...

... law, commercial arbitration, commercial law, trade law, and conflict of laws, as well as his late works. Schmitthoff Clive M Schmitthoff Clive M law student as Schmitthoff Clive M life of Schmitthoff Clive M Wolff Martin and Wolff Martin Schmitthoff Clive M and Bar Schmitthoff Clive M and City...

... and parallel proceedings across the fields of international economic law (trade law; investment treaty law and arbitration; international commercial arbitration). It analyses current transparency standards in WTO dispute resolution and recent developments in the fields of investment and commercial arbitration...

... of commercial arbitration, human rights, and classical public international law. In constructing the argu- ment, however, and especially in light of comments received from the anonymous reviewers of the book, it became clear that there was a more important case to be made about the system s integrity as a form...