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International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and dynamics - a transnational justice system rather independent of domestic and international law.In response to its growing importance and use by disputing parties, international arbitration has become increasingly institutionalized, professionalized, and judicialized. At the same time, it has gained significance beyond specific disputes and indeed contributes to the shaping of law. Arbitrators have therefore become not only adjudicators, but transnational lawmakers. This has raised concerns over the legitimacy of international arbitration.Practising Virtue looks at international arbitration from the 'inside', with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are, and what demands of legitimacy it must meet. Putting those who practice arbitration into the centre of the system of international arbitration allows us to appreciate the way in which they contribute to the development of the law they apply. This book invites eminent arbitrators to reflect on the actual practice of international arbitration, and its contribution to the transnational justice system.
This work investigates the legitimacy and operational dynamics of international arbitration by focusing on the role of the arbitrator as a transnational lawmaker. The authors, a distinguished group of legal scholars and practitioners, examine the shift toward institutionalization and judicialization within the field. By centering the analysis on the individuals who practice arbitration, the text argues that these practitioners are the primary architects of the transnational justice system and the law they apply.
What You Will Find
Legal scholars and practitioners recognize this text as a significant contribution to the study of arbitration, particularly for its focus on the human element of the legal process. Experts frequently cite the book as a foundational resource for understanding the intersection of professional practice and the development of transnational law.
Page Count:
816
Publication Date:
2016-01-12
Publisher:
Oxford University Press
ISBN-10:
019873980X
ISBN-13:
9780198739807
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