E-raamat: Idea of Arbitration

What is arbitration? This volume provides a novel theoretical examination of the concept, attempting to answer fundamental questions which have rarely been addressed systematically in English. Its methodological premise is that "even readers who are new to arbitration deserve more than superficial generalities, and are prepared to think things through."

The author demonstrates that although arbitrators are creatures of contract they are not slaves to the parties' bargain; disputes relating to a contract may include issues with respect to its compliance with public policy. The work examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of private, (at least partially) self-contained systems of adjudication and compliance.

The author: Proposes an ambitious formulation intended to serve as an "over-arching presumption" with respect to the cluster of constantly recurring questions which lie at the heart of the process: when cases begin with a dispute, whatever it may be, as to arbitral authority, who should decide it, when, and with what degree of finality?

The author: Explores the complex interrelationship between judicial and arbitral authority to rule on claims of statutory rights and defences of public policy and illegality of contracts

The author: Shows how consistently international arbitration differs from domestic arbitration due to the absence of a unified system of civil courts in the international sphere

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life.

Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes?

This volume explores what the parties can expect of an arbitrator and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.