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The Culture of International Arbitration and the Evolution of Contract Law
ISBN: 9780199658008 | 0199658005
Format: HardcoverPublisher: Oxford University Press, USA
Pub. Date: 5/5/2013
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This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners in a range of jurisdictions, as well as case studies, conference papers, and unpublished awards, it presents a comparative analysis of arbitral and judicial responses to contractualprinciples. Part I presents the divergence in outcomes between national c... MORE
Introduction
Part 1: Substantive Contract Law in International Commercial Arbitration
1. Legal Rules Pertaining to Substantive Contract Law in International Arbitration
2. Case Study 1: Suspension of Performance
3. Case Study 2: The Use of Extrinisic Evidence to Interpret Contracts
Part 2: International Arbitral Culture and International Arbitral Decision-Making
4. Studying International Arbitral Culture
5. Norms Arising from the Institutional Structure of International Commercial A... MORE
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