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The Oxford Handbook of International Arbitration
Edited by Thomas Schultz and Federico Ortino
ISBN: 9780198796190 (Hardcover)
Publicado: 10 November 2020
Páginas: 1024
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrationâs most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions.
The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
CONTENIDO
1. Arbitration Literature, Thomas Schultz and Niccolò Ridi
Part I: Cornerstones
2. Arbitration and Law, William W. Park
3. Arbitral Jurisdiction, Alex Mills
4. Appointment of Arbitrators, Jan Paulsson
5. Transnational Public Policy in International Arbitration, Stavros Brekoulakis
6. Human Rights and International Investment Arbitration, Ursula Kriebaum
7. Enforcement of awards, Andrea K. Bjorklund
8. Inter-State arbitration, V.V. Veeder
Part II: Actors
9. The Ethos of Arbitration, Thomas Schultz
10. Marginals and Elites in International Arbitration, Florian Grisel
11. Mediators in Arbitration, Jacqueline Nolan-Haley
12. Civil Society and International Investment Arbitration: Tracing the Evolution of Concern, Nathalie Bernasconi, Martin Dietrich Brauch, and Howard Mann
13. The Control Over Knowledge by International Courts and Arbitral Tribunals, Jean d’Aspremont
Part III
14. Efficiency. What Else? Efficiency as the Emerging Defining Value of International Arbitration: Between Systems Theories and Party Autonomy, Loukas Mistelis
15. Legal Certainty and Arbitration, Frédéric Bachand and Fabien Gélinas
16. International Arbitration as Private and Public Good, Ralf Michaels
17. Investment Arbitration as Constitutional Law: Constitutional Analogies, Linkages, and Absences, David Schneiderman
18. The Environment and Investment Arbitration, Makane Moïse Mbengue and Deepak Raju
19. The Multiple Forms of Transparency in International Investment Arbitration: Their Implications, and Their Limits, David Caron and Esme Shirlow
20. Arbitration and Offshore Resources in Disputed Maritime Areasâ, Tibisay Morgandi
Part IV: Paradigms
21. International Arbitration: A Critical Private International Law Perspective, Horatia Muir Watt
22. Arbitration: A Feminist Approach, Hélène Ruiz Fabri and Edoardo Stoppioni
23. The Arbitral Legal Order: Evolution and Recognition, Emmanuel Gaillard
24. Epistemic Communities in International Arbitration, Andrea Bianchi
25. Artificial Intelligence and Arbitration, Myriam Gicquello
26. Investment Treaty Arbitration as Justice Bubbles, Anil Yilmaz Vastardis
Part V: Empirical Evidence
27. Empirical Findings on International Arbitration: An Overview, Christopher R. Drahozal
28. The Rule Of Law Effects Of Commercial Arbitration From A Socio-Legal Perspective, Thomas Dietz
29. Investment Arbitration and Political Systems Theory, Cédric Dupont, Thomas Schultz, and Jason Yackee
30. The Sociological Dimension Of International Arbitration: The Investment Arbitration Culture, Moshe Hirsch
31. The Politics of Investment Treaty Arbitration, Lauge N. Skovgaard Poulsen
Part VI: Perspectives
32. International Commercial Arbitration: The Creation Of A Legal Market, Yves Dezalay and Bryant G. Garth
33. The Creation of Investor-State Arbitration, Taylor St John
34. Energy Arbitrations, Elena Cima
35. Interstate Arbitration: Five Moments, Alexis Keller
36. Arbitration From a Law and Economics Perspective, Anne van Aaken and Tomer Broude
37. Arbitration and Literature, François Ost
38. Arbitration in its Psychological Context: A Contextual Behavioral Account of Arbitral Decision-making, Tony Cole and Pietro Ortolani
AUTORES
Thomas Schultz is Professor of Law at King’s College London, Professor of International Arbitration at the University of Geneva, Visiting Professor of International Law at the Graduate Institute of International and Development Studies, Geneva, and Co-Director of the Geneva Center for International Dispute Settlement. He is the author of Transnational Legality: Stateless Law and International Arbitration (Oxford University Press 2014), Information Technology and Arbitration: A Practitioner’s Guide (Kluwer 2006), Réguler le commerce électronique par la résolution des litiges en ligne (Bruylant 2005) and Online Dispute Resolution (Kluwer 2004, with Gabrielle Kaufmann-Kohler), and the Editor-in-Chief and founder of the Journal of International Dispute Settlement (Oxford University Press).
Federico Ortino is Reader in International Economic Law at King’s College London and a Consultant to Clifford Chance, specialising in international trade and investment law. He is a member of the ILA Committee on The Rule of Law and International Investment Law; member of the Executive Council (and former co-treasurer) of the Society of International Economic Law; member of the E15 Task Force on Investment Policy; consultative member of the Investment Treaty Forum; editorial board member of the Journal of International Economic Law; Yearbook on International Investment Law and Policy, Journal of International Dispute Settlement and the Journal of World Investment and Trade and one of the General Editors of Hart Publishing Studies in International Trade and Investment Law. He is the author of Basic Legal Instruments for the Liberalisation of Trade: A Comparative Analysis of EC and WTO Law (Hart 2004) and co-editor of The Oxford Handbook of International Investment Law (OUP 2008).
Contributors:
Frédéric Bachand, Judge, Superior Court of Quebec
Nathalie Bernasconi, Head of Economic Law & Policy programme, International Institute for Sustainable Development
Andrea K Bjorklund, Full Professor and L. Yves Fortier Chair, McGill University Faculty of Law
Andrea Bianchi, Professor of International Law, Graduate Institute of International and Development Studies, Geneva
Martin Dietrich Brauch, International Law Adviser, International Institute for Sustainable Development
Tomer Broude, Sylvan M. Cohen Chair in Law, Hebrew University of Jerusalem
Stavros Brekoulakis, Professor in International Arbitration, Queen Mary University of London
David Caron, Professor of International Law, King’s College London; 20 Essex Street
Tony Cole, Reader in Arbitration and Investment Law, University of Leicester
Elena Cima, Scientific Collaborator, Institute for Environmental Governance and Territorial Development, University of Geneva
Jean d’Aspremont, Chair in Public International Law, University of Manchester; Professor of International Law, Science Po Law School Paris
Yves Dezalay, Emeritus Director of Research, Centre National de la Recherche Scientifique
Thomas Dietz, Professor of International Relations and Law, University of Münster
Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas
Cédric Dupont, Professor of International Relations, Graduate Institute of International and Development Studies, Geneva
Bryant G. Garth, Distinguished Professor of Law, University of California, Irvine
Emmanuel Gaillard, Professor Emeritus, Science Po, Paris; Visiting Professor of Law, Yale Law School; Shearman & Sterling
Fabien Gélinas, Sir William C. Macdonald Chair in Law, McGill University
Myriam Gicquello, PhD student, King’s College London
Florian Grisel, Reader in Transnational Law, King’s College London; Research Fellow, Centre National de la Recherche Scientifique
Moshe Hirsch, Maria Von Hofmannsthal Chair in International Law, Hebrew University of Jerusalem
Alexis Keller, Professor of Legal and Political History, University of Geneva; Visiting Professor, Science Po Paris
Ursula Kriebaum, Professor of International Law, University of Vienna
Howard Mann, International Institute for Sustainable Development
Jason Mitchenson, Level Twenty Seven Chambers
Makane Moïse Mbengue, Professor of International Law, University of Geneva
Ralf Michaels, Director, Max Planck Institute for Comparative and International Private Law
Alex Mills, Professor of Public and Private International Law, University College London
Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London
Jacqueline Nolan-Haley, Professor of Law, Fordham University
Federico Ortino, Reader in International Economic Law, King’s College London
Pietro Ortolani, Assistant Professor in Private Law, Radboud University
François Ost, Emeritus Professor, Saint-Louis University Brussels
Tibisay Morgandi, Lecturer in International Energy and Natural Resources Law, Queen Mary University of London
William Park, Professor of Law, Boston University
Jan Paulsson, Michael Klein Distinguished Scholar Chair, University of Miami School of Law; Three Crowns
Lauge N. Skovgaard Poulsen, Associate Professor in International Political Economy, University College London
Deepak Raju, Sidley Austin LLP
Niccolò Ridi, Lecturer in Law ,University of Liverpool
Hélène Ruiz Fabri, Director, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
David Schneiderman, Professor of Law and Political Science, University of Toronto
Thomas Schultz, Professor of Law, King’s College London; Professor of International Arbitration, University of Geneva; Visiting Professor of International Law, Graduate Institute of International and Development Studies, Geneva
Esme Shirlow, Lecturer in Law, Australian National University
Taylor St John, Lecturer in International Relations, University of St Andrews
Edoardo Stoppioni, Senior Research Fellow
Anne Van Aaken, Alexander von Humboldt Professor, Chair for Law and Economics, Legal Theory, Public International Law and European Law, University of Hamburg
V.V. Veeder, Essex Court Chambers; Visiting Professor of International Arbitration, King’s College London
Horatia Muir Watt, Professor of Private International Law, Science Po Law School Paris
Jason Webb Yackee, Professor of Law, University of Wisconsin
Anil Yilmaz Vastardis,Lecturer in Law, University of Essex
