Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order / Edition 2

Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order / Edition 2

by Yves Dezalay, Bryant G. Garth
     
 

ISBN-10: 0226144232

ISBN-13: 9780226144238

Pub. Date: 07/28/1998

Publisher: University of Chicago Press

In recent years, international business disputes have increasingly been resolved through private arbitration. This pathbreaking book reveals for the first time how an elite, transnational legal profession has emerged over the last three decades and engaged in the construction of an autonomous legal field that is central to the global marketplace. Building on the…  See more details below

Overview

In recent years, international business disputes have increasingly been resolved through private arbitration. This pathbreaking book reveals for the first time how an elite, transnational legal profession has emerged over the last three decades and engaged in the construction of an autonomous legal field that is central to the global marketplace. Building on the structural approach of Pierre Bourdieu, Yves Dezalay and Bryant G. Garth show how an informal, settlement-oriented system dominated by Continental academics became formalized, litigious, and expensive. They also reveal a more personal but integral aspect of this new legal field - the intense personal competition and fascinating hierarchies among arbitrators seeking the international reputations for virtue that will lead to selection for arbitration panels. Since arbitration fees in many cases reach hundreds of thousands of dollars, this, too, is very much a high-stakes game. With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.

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Product Details

ISBN-13:
9780226144238
Publisher:
University of Chicago Press
Publication date:
07/28/1998
Series:
Chicago Series in Law and Society
Edition description:
1
Pages:
354
Product dimensions:
6.00(w) x 9.00(h) x 1.10(d)

Table of Contents

Foreword
Acknowledgments
Pt. 1Dealing in Virtue1
1Exploring and Representing the World of International Commercial Arbitration3
2Becoming an Arbitrator: Building and Exchanging National and International Symbolic Capital18
Pt. 2Constructing Transnational Private Justice and Legalizing Business Conflicts31
3Merchants of Law as Moral Entrepreneurs: Constructing International Justice out of the Competition for Transnational Business Disputes33
4Setting the Legal Scene for North-South Conflicts and the Collective Construction of the Universality of Law63
5U.S. Litigators, Continental Academics, Petrodollar Construction Projects, and the Lex Mercatoria: A Case Study100
Pt. 3Internationalization and the Transformation of the Landscape for Handling Business Conflicts115
6Between the Worlds of Law and Business: The Contradictions of Business Justice and Its Permanent Reconstruction through Dispute Resolution Mechanisms117
7England: The Contradictions and Limits of an International and Reformist Strategy129
8In and Out of the Multidoor Courthouse: Internationalization and the Transformation of the Landscape of Business Disputing in the United States151
9Vintage Arbitration in Stockholm182
10Social Capital and Legal Capital: Competition and Complementarity in the Market for Business Justice197
11International Legal Practice as Ghetto or Beachhead: Cairo and the Problems of North and South219
12Law and the Frontier: Hong Kong and Transitions from One Imperialism to Another250
13How to Construct Neutrality and Autonomy on the Basis of a Strategy of Double Agent281
14Reintroducing Politics and States in the Market of International Business Disputing311
Bibliography319
Index333

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