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The Culture of International Arbitration and The Evolution of Contract Law
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The Culture of International Arbitration and The Evolution of Contract Law

Joshua D. H. Karton

Abstract

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparative analysis of arbitral and judicial responses to contract law issues. Part I develops a theory of arbitral decision-m ... More

Keywords: international arbitration, international commercial arbitration, contractual interpretation, suspension of performance, exceptio non adimpleti contractus, unification of law, harmonization of law, transnational law, lex mercatoria, arbitral decision-making, socio-legal approaches, grounded theory

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199658008
Published to Oxford Scholarship Online: May 2013 DOI:10.1093/acprof:oso/9780199658008.001.0001

Authors

Affiliations are at time of print publication.

Joshua D. H. Karton, author
Assistant Professor, Faculty of Law, Queen's University, Ontario

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