International Arbitration in the 21st Century: Toward "Judicialization" and Conformity?

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Is international arbitration becoming too "judicial" and conformist? This important book addresses this issue with detailed attention to the arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards. The authors include members of various international tribunals, leading lawyers, and distinguished academics from the United States and abroad.

Published under the Transnational Publishers imprint.

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Product Details

  • ISBN-13: 9780941320726
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 4/1/1994
  • Series: Sokol Colloquium Series , #2
  • Pages: 320

Table of Contents

I Balancing the Need for Certainty and Flexibility in International Arbitration Procedures 3
II Court Intervention in Arbitration 29
III "Fast-Track" Arbitration: A Step Away from Judicialization of International Arbitration 45
IV The Law Governing Disputes Under Economic Development Agreements: Reexamining the Concept of "Internationalization" 61
V National Law and the Judicialization of Arbitration: Manifest Destiny, Manifest Disregard, or Manifest Error 115
VI Annulment of Awards in International Arbitration 133
VII National Enforcement of Arbitral Awards Under Treaties and Conventions 163
VIII ICSID: A Self-Contained, Non-National Review System 199
IX Interpretation of Article 25(2)(b) of the ICSID Convention 223
X Punitive Damages in International Commercial Arbitration 245
Concluding Remarks 275
Contributors 281
Index 283
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