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Arbitration of International Business Disputes Studies in Law and Practice
By
William W. Park
Reviews
- Once in every few years, there comes along in most disciplines a book which is quite special. In our discipline of dispute resolution, only one or two fine minds have attempted to collect, digest, analyse and expound the whole body of knowledge about a subject as large as international commercial arbitraton. Professor Park has done that and more: he has given every topic his own new twist. - Arbitration International
- This is the book to read for anyone who wishes to understand the evolution of arbitration in the last quarter of a century. - Gabrielle Kaufmann-Kohler, President of the Swiss Arbitration Association
Description
- Collection of significant and timeless articles by a leading scholar in international commercial arbitration
- Fully revised and updated to ensure relevance to the international arbitration lawyer working today
- William W. Parks essays examine some of the most controversial and interesting issues in cross-border business dispute resolution of the last twenty five years, many of which remain subject to radically different views
- The text is prefaced by a major new article, Procedural Evolution in Business Arbitration: Three Case Studies , which draws together the key themes of the book
- Includes a Foreword by Gabrielle Kaufmann-Kohler, former President of the Swiss Arbitration Association
- This is an essential text for serious arbitration academics and practitioners alike
Arbitration of International Business Disputes: Studies in Law and Practice is a collection of articles by William W. Park, one of the leading scholars in international commercial arbitration. The book is a coherent and focused collection of his most significant and timeless articles on business dispute arbitration. The essays address some of the most controversial and interesting questions that have arisen in cross-border business dispute resolution over the past 25 years, particularly in relation to trade, finance and investment disputes. In this rapidly growing and evolving area of law, many of these debates have recurred over several decades and remain subject to radically different views. Examples of the issues examined by Professor Park are the proper role of national arbitration statutes, investment arbitration under free trade agreements, and the balance between fixed rules and arbitral discretion.
The book is structured around three themes: arbitrations legal framework; the organisation and conduct of arbitral proceedings, which focuses on the tensions between fairness and efficiency, and substantive norms; and a comparison of the application of arbitration as applied to various specific fields such as finance, intellectual property and taxation.
The original articles have been thoroughly revised and updated to provide a contemporary perspective, while the collection is prefaced by a major new article, Procedural Evolution in Business Arbitration: , which draws together the key themes. The foreword has been written by Gabrielle Kaufmann-Kohler, former President of the Swiss Arbitration Association. The book will appeal to serious arbitration practitioners and academics alike.
Readership:
International arbitration practitioners academics and students
Contents
Foreword , Gabrielle Kauffman-Kohler, Attorney-at-Law, Partner, Schellenberg Wittmer, Professor at the University of Geneva
I. Legal Framework: Courts, Statutes and Treaties
- Who Decides What?
- The Arbitrability Dicta in First Options v. Kaplan: Kompetenz-Kompetenz
- The Contours of Arbitral Jurisdiction
- Private Adjudicators and the Public Interest
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