The Allocation of Power between Arbitral Tribunals and State Courts

Released on by Alan Scott Rau
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  • The Allocation of Power between Arbitral Tribunals and State Courts Book Detail

  • Author : Alan Scott Rau
  • Release Date : 2019-03-25
  • Publisher : BRILL
  • Genre : Law
  • Pages : 608
  • ISBN 13 : 9004388923
  • File Size : 90,90 MB
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The Allocation of Power between Arbitral Tribunals and State Courts by Alan Scott Rau PDF Summary

Book Description: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

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International Investment Law

International Investment Law

File Size : 79,79 MB
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Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. Th