Legal theory of international arbitration
International commercial arbitration International law Arbitration (International law) Conflict of laws Law sähkökirjat
Martinus Nijhoff Publishers
2010
EISBN 9789004187153
Introduction.
The representations of international arbitration.
The consequences of the representations of international arbitration.
Conclusion.
International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, base.
The representations of international arbitration.
The consequences of the representations of international arbitration.
Conclusion.
International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, base.
