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Rethinking International Commercial Arbitration : Towards Default Arbitration (Hardcover) (Gilles
About this item
This innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes.The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions, to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs.The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.
Number of Pages: 246
Genre: Freedom + Security / Law Enforcement
Series Title: Rethinking Law
Publisher: Edward Elgar Pub
Author: Gilles Cuniberti
Street Date: May 26, 2017
Item Number (DPCI): 248-47-0241
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