Legal theory of international arbitration / by Emmanuel Gaillard.

Format:

Book

Author/Creator:

Gaillard, Emmanuel.

Series:

Nijhoff eBook titles

Language:

English

Subjects (All):

International commercial arbitration.

International law.

Physical Description:

1 online resource (204 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2010.

Language Note:

English

Summary:

Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

Contents:

Preliminary Material / E. Gaillard

Introduction / E. Gaillard

Chapter I. The Representations Of International Arbitration / E. Gaillard

Chapter II. The Consequences Of The Representations Of International Arbitration / E. Gaillard

Conclusion / E. Gaillard

About The Author / E. Gaillard

Bibliography / E. Gaillard

Table Of Abbreviations / E. Gaillard

Index / E. Gaillard.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-283-03944-3

9786613039446

90-04-18715-4

90-04-18641-7

OCLC:

707926731

Publisher Number:

10.1163/ej.9789004186415.i-196 DOI