Jump to ContentJump to Main Navigation
The Culture of International Arbitration$
Users without a subscription are not able to see the full content.

Won L. Kidane

Print publication date: 2017

Print ISBN-13: 9780199973927

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199973927.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 February 2020

The Evolving Justifications of International Arbitration

The Evolving Justifications of International Arbitration

Chapter:
(p.91) 5 The Evolving Justifications of International Arbitration
Source:
The Culture of International Arbitration
Author(s):

Won L. Kidane

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199973927.003.0005

International arbitration has many justifications. Some are doctrinal and jurisdictional; others are merely promotional. Some of the most frequently cited justifications include flexibility, confidentiality, expertise, and enforceability. This chapter analyzes each justification through a cultural prism. It challenges the assumptions that international arbitration in fact delivers on its promise to provide greater speed, lower cost, greater flexibility, increased confidentiality, greater expertise, and more enforceability. For example, it examines whether a system in which the arbitrators demand a high fee, and are subject to many demands on their time, which causes difficulty in scheduling particular matters, can call itself superior to litigation in terms of cost or speed.

Keywords:   international arbitration justifications, jurisdictional justifications, promotional justifications, confidentiality, flexibility, expertise, enforceability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .