The Plurality and Synergies of Legal Traditions in International Arbitration : Looking Beyond the Common and Civil Law Divide.

Format:

Book

Author/Creator:

Comair-Obeid, Nayla.

Contributor:

Brekoulakis, Stavros L.

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration agreements, Commercial.

Physical Description:

1 online resource (685 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2024.

Summary:

This book, edited by Nayla Brekoulakis, explores the diversity and integration of various legal traditions within the realm of international arbitration. It addresses the synergies between common law and civil law systems and considers perspectives from prominent figures in the field, such as Mohamed Abdel Wahab and Joyce Aluoch. The work aims to provide a comprehensive understanding of international arbitration by examining its practices, challenges, and developments across different jurisdictions. It is intended for legal scholars, practitioners, and students interested in international arbitration, law, and conflict resolution. Generated by AI.

Contents:

Cover

Half-Title Page

Title Page

Copyright Page

Editors and Contributors

Summary of Contents

Table of Contents

List of Abbreviations

Foreword

Chapter 1 Introduction

1 From a Series of CIArb Conferences to an Edited Volume

2 The Common and Civil Law Divide in International Arbitration

3 Looking Beyond the Common and Civil Law Divide: Is There an Integrated Culture in International Arbitration?

4 Structure and Organisation of the Volume

Part I Arbitration Clauses and Constitution of the Arbitral Tribunals: The Influence of Different Legal Traditions

Chapter 2 Essential Elements in Drafting Arbitration Clauses: Is the Common/Civil Law Divide Relevant?

1 Drafting Issues Arising from Over-simplicity

1.1 Over-simplicity Leading to Prolonged Arbitration and Increased Costs

1.1.1 Lack of Indication of the Seat of Arbitration

1.1.2 Lack of Selection of the Language of the Arbitration

1.1.3 Unclear References to the Choice of Applicable Law

1.2 Over-simplicity Leading to Pathological Arbitration Clauses

1.2.1 Deficiencies with the Designation of the Arbitral Institution

1.2.2 Deficiencies with the Number of Arbitrators

1.2.3 Deficiencies with the Incorporation of the Arbitration Clause by Reference

2 Drafting Issues Arising from Over-complexity

2.1 Over-complexity Driven by Excessive Creativity

2.1.1 Overly Meticulous Requirements of Settlement Steps

2.1.2 Protracted ADR Compulsory Process

2.1.3 Excessive Demands on the Qualifications of the Arbitrators Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403529110

9403529113