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 exlores 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? Arbitraton 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 and its
moral hazards, evaluating the promises and dangers of self-contained
systems of decision-making and compliance.
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Produktdetaljer
ISBN
9780191620935
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter