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Appointment of Arbitrators  

Jan Paulsson

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter details the process of the appointment of arbitrators. In modern usage, arbitration is binding, and anything else created by ... More

Arbitral Jurisdiction  

Alex Mills

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter examines the concept and source of arbitral jurisdiction. In the context of arbitration, the term ‘jurisdiction’ typically refers to ... More

The Arbitral Legal Order: Evolution and recognition  

Emmanuel Gaillard

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter focuses on the three representations of international arbitration, which attempt to explain which state, or states, provides ... More

Arbitration and Law  

William W. Park

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter discusses the relationship between arbitration and law. Three sets of questions present themselves with respect to the role of ... More

Arbitration and Literature  

François Ost

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as ... More

Arbitration and Offshore Resources in Disputed Maritime Areas  

Tibisay Morgandi

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter studies the role of arbitration for offshore resources in disputed maritime areas. It is an observable fact that disputes over ... More

Arbitration from a Law & Economics Perspective  

Anne van Aaken and Tomer Broude

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter offers a Law & Economics (L&E) perspective on international arbitration. L&E scholars tend to view dispute resolution as ... More

Arbitration in its Psychological Context: A contextual behavioural account of arbitral decision-making  

Tony Cole, Pietro Ortolani, and Sean Wright

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This concluding chapter presents a program for a more ‘contextual’ approach to the application of psychology to arbitration than has been ... More

Arbitration Literature  

Thomas Schultz and Niccolò Ridi

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This introductory chapter provides an overview of the arbitration literature. Arbitration literature has a long history. So far, however, no attempt has ... More

Artificial Intelligence in International Arbitration  

Myriam Gicquello

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter assesses the introduction of artificial intelligence in international arbitration. The contention is that it would not only ... More

Civil Society and International Investment Arbitration: Tracing the evolution of concern  

Nathalie Bernasconi, Martin Dietrich Brauch, and Howard Mann

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter discusses the role of civil society in international investment arbitration. Much of the civil society focus on international ... More

Consent to Arbitration  

Christoph Schreuer

Print publication date:
Jun 2008
Online publication date:
Sep 2012
Arbitration is by far the most frequently used method to settle investment disputes. This article focuses exclusively on mixed arbitration, that is, arbitration between a host State and a ... More

The Control over Knowledge by International Courts and Arbitral Tribunals  

Jean d’Aspremont

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter examines international courts and arbitral tribunals as bureaucratic bodies controlling the social reality created by the ... More

Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals  

Bernard Oxman

Print publication date:
Mar 2015
Online publication date:
Jun 2016
The settlement of disputes between States is generally not regulated by municipal law and municipal courts but by international law regulated by treaty. Because States are not subject to ... More

Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals  

Bernard Oxman

Print publication date:
Mar 2015
Online publication date:
Jun 2016
The settlement of disputes between States is generally not regulated by municipal law and municipal courts but by international law regulated by treaty. Because States are not subject to ... More

The Creation of Investor–State Arbitration  

Taylor St. John

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter explores the creation of investor–state arbitration. There is no shortage of antecedents for investor–state arbitration. So why is ... More

Efficiency—What Else?: Efficiency as the emerging defining value of international arbitration: between systems theories and party autonomy  

Loukas Mistelis

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter focuses on the value of efficiency in international arbitration. It also briefly discusses the tension between party ... More

Empirical Findings on International Arbitration: An overview  

Christopher R. Drahozal

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter surveys the existing empirical literature on international arbitration. It focuses on quantitative rather than qualitative ... More

Enforcement  

Andrea K. Bjorklund

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter addresses enforcement in international arbitration. The ready enforceability of arbitral awards is the single strongest ... More

The Environment and Investment Arbitration  

Makane Moïse Mbengue and Deepak Raju

Print publication date:
Sep 2020
Online publication date:
Oct 2020
This chapter describes the relationship between investment arbitration and the environment. Most view investment arbitration as a threat to ... More

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