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Practising Virtue
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Practising Virtue: Inside International Arbitration

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Abstract

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 s ... More

Keywords: international arbitration, adjudication, legal relationships, transnational justice system, authority, national law, international law

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198739807
Published to Oxford Scholarship Online: January 2016 DOI:10.1093/acprof:oso/9780198739807.001.0001

Authors

Affiliations are at time of print publication.

David D. Caron, editor
Dean, The Dickson Poon School of Law, King's College London

Stephan W. Schill, editor
Professor of International Economic Law and Governance, University of Amsterdam

Abby Cohen Smutny, editor
Partner, White & Case LLP

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Contents

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Practising Virtue

David D Caron, Stephan W Schill, Abby Cohen Smutny, and Epaminontas E Triantafilou

Part I International Arbitration as Part of the Transnational Justice System

Part II History and Sociology of International Arbitration

10 Jurisdictional Errors

Oscar M Garibaldi*

Part III Authority of International Arbitral Tribunals and Its Limits

14 Pre-Arbitration Procedural Requirements

Gary Born and Marija Šćekić*

Part IV Reasoning and Decision-Making in the Arbitral Process

23 Regulating Opacity

David D Caron

25 Babel and BITs

Mahnoush H Arsanjani and W Michael Reisman*

Part V Studies in Investment Treaty Arbitration

32 The Deal with BITs

O Thomas Johnson*

34 The Non-Disputing State Party in Investment Arbitration

Loretta Malintoppi and Hussein Haeri

42 Of Wit, Wisdom, and Balance in International Law

Pierre-Marie Dupuy and Julie Maupin

End Matter