Description
Book SynopsisMost literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the social sciences to assess and critically reflect on the significance and implications of international arbitration as a new locus of global private authority. The views predictably diverge. Some see the evolution of these private courts positively as a significant element of an emerging transnational
Table of Contents1: Walter Mattli and Thomas Dietz: Mapping and Assessing the Rise of International Commercial Arbitration in the Globalization Era: An Introduction 2: Alec Stone Sweet and Florian Grisel: The Evolution of International Arbitration: Delegation, Judicialization, Governance 3: Ralf Michaels: Roles and Role Perceptions of International Arbitrators 4: Joshua Karton: International Arbitration Culture and Global Governance 5: Moritz Renner: Private Justice, Public Policy: The Constitutionalisation of International Commercial Arbitration 6: Claire Cutler: International Commercial Arbitration, Transnational Governance, and the New Constitutionalism 7: Thomas Dietz: Does International Commercial Arbitration Provide Efficient Contract Enforcement Institutions for Global Commerce? 8: Thomas Hale: What is the Effect of Commercial Arbitration on Trade? 9: Horatia Muir Watt: The Contested Legitimacy of Investment Arbitration and the Human Rights Ordeal: the Missing Link
