The Culture of International Arbitration and The Evolution of Contract Law

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book The Culture of International Arbitration and The Evolution of Contract Law by Joshua D H Karton, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Joshua D H Karton ISBN: 9780191632587
Publisher: OUP Oxford Publication: March 7, 2013
Imprint: OUP Oxford Language: English
Author: Joshua D H Karton
ISBN: 9780191632587
Publisher: OUP Oxford
Publication: March 7, 2013
Imprint: OUP Oxford
Language: English

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparative analysis of arbitral and judicial responses to contract law issues. Part I develops a theory of arbitral decision-making as influenced by a legal culture specific to the international commercial arbitration community. It identifies the specific social norms that make up that culture and considers how these norms might affect arbitrators decision-making on matters of substantive contract law. Part II tests the explanatory power of the theory developed in Part I by applying it to published decisions of international commercial arbitrators on two discrete areas of contract law: suspension of performance in response to non-performance and the interpretation of contracts. These case studies demonstrate that arbitrators and judges are likely to take divergent approaches, even when they are applying the same substantive laws. This divergence is explicable on the basis of international arbitrations unique culture. Finally, the cultural theory of international arbitral decision-making is applied to make predictions about the ways that contract law is likely to evolve through the decisions of international arbitrators.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparative analysis of arbitral and judicial responses to contract law issues. Part I develops a theory of arbitral decision-making as influenced by a legal culture specific to the international commercial arbitration community. It identifies the specific social norms that make up that culture and considers how these norms might affect arbitrators decision-making on matters of substantive contract law. Part II tests the explanatory power of the theory developed in Part I by applying it to published decisions of international commercial arbitrators on two discrete areas of contract law: suspension of performance in response to non-performance and the interpretation of contracts. These case studies demonstrate that arbitrators and judges are likely to take divergent approaches, even when they are applying the same substantive laws. This divergence is explicable on the basis of international arbitrations unique culture. Finally, the cultural theory of international arbitral decision-making is applied to make predictions about the ways that contract law is likely to evolve through the decisions of international arbitrators.

More books from OUP Oxford

Cover of the book Translational Dynamics and Magnetic Resonance by Joshua D H Karton
Cover of the book Substance and Procedure in Private International Law by Joshua D H Karton
Cover of the book Thinking about the Emotions by Joshua D H Karton
Cover of the book Unconstitutional Constitutional Amendments by Joshua D H Karton
Cover of the book Essays on Ethics and Feminism by Joshua D H Karton
Cover of the book Dynasties of the World by Joshua D H Karton
Cover of the book Greening Aid? by Joshua D H Karton
Cover of the book Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities by Joshua D H Karton
Cover of the book Addiction and Choice by Joshua D H Karton
Cover of the book Sugar and Spice by Joshua D H Karton
Cover of the book Making Eden by Joshua D H Karton
Cover of the book French Revolutionaries in the Ottoman Empire by Joshua D H Karton
Cover of the book Realist Poetics in American Culture, 1866-1900 by Joshua D H Karton
Cover of the book South Sea Tales by Joshua D H Karton
Cover of the book Social Work: A Very Short Introduction by Joshua D H Karton
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy