What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

The Idea of Arbitration (Clarendon Law Series)

Paulsson, Jan

Foreign & International Law

Oxford University Press

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.

This hands-on guide, published in cooperation with the International Chamber of Commerce, covers every aspect of ICC arbitration.  The authors provide a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement. The volume discusses in detail the important rulings of the ICC and their potential impact on future awards.  The book provides a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings.  Appendices include a table of cases, table of arbitral awards, table of authorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index.  This book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause.

International Chamber of Commerce Arbitration

Park, William W.

Laurence, Craig W.

Oceana Pubns

This hands-on guide, published in cooperation with the International Chamber of Commerce, covers every aspect of ICC arbitration. The authors provide a detailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement. The volume discusses in detail the important rulings of the ICC and their potential impact on future awards. The book provides a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings. Appendices include a table of cases, table of arbitral awards, table of authorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index. This book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause.

Craig, W. Laurence

Oceana TM

Denial of justice is one of the oldest bases of liability in international law and is examined by Jan Paulsson in this book. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organizations, corporations, and individuals, and Paulsson examines several recent cases of great importance in his book.

Denial of Justice in International Law (Hersch Lauterpacht Memorial Lectures, Series Number 17)

Cambridge University Press

Denial of justice is one of the oldest bases of liability in international law and is examined by Jan Paulsson in this book. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organizations, corporations, and individuals, and Paulsson examines several recent cases of great importance in his book.

The Unruly Notion of Abuse of Rights

Everyone condemns what they perceive as 'abuse of rights', and some would elevate it to a general principle of law. But the notion seldom suffices to be applied as a rule of decision. When adjudicators purport to do so they expose themselves to charges of unpredictability, if not arbitrariness. After examining the dissimilar origins and justification of the notion in national and international doctrine, and the difficulty of its application in both comparative and international law, this book concludes that except when given context as part of a lex specialis, it is too nebulous to serve as a general principle of international law.

Rules & Procedures

The book is a compilation which includes the major statutes affecting international commercial arbitration law.

Documentary Supplement on International Commercial Arbitration (University Casebook Series)

Park, William

Reisman, W.

Craig, W.

Foundation Press

International Commercial Arbitration tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.

International Commercial Arbitration, Cases, Materials and Notes, 2nd (University Casebook Series)

See the best price to sell, buy, or rent books by Paulsson, Jan. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Paulsson, Jan

See the best price to sell, buy, or rent books by Paulsson, Jan. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Idea of Arbitration (Clarendon Law Series)

The Idea of Arbitration (Clarendon Law Series)

International Chamber of Commerce Arbitration

International Chamber of Commerce Arbitration

Denial of Justice in International Law (Hersch Lauterpacht Memorial Lectures, Series Number 17)

Denial of Justice in International Law (Hersch Lauterpacht Memorial Lectures, Series Number 17)

The Unruly Notion of Abuse of Rights

The Unruly Notion of Abuse of Rights

Documentary Supplement on International Commercial Arbitration (University Casebook Series)

International Commercial Arbitration, Cases, Materials and Notes, 2nd (University Casebook Series)