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Law Books
The Culture of International Arbitration and The Evolution of Contract Law
  • Publisher :
    Oxford University Press
  • Author :
    Joshua D H Karton
  • ISBN :
    9780199658008
  • Year of publishing :
    2013
  • Format :
    Hardback
  • Pages :
    296
  • Builds a comprehensive theoretical framework to explain and predict commercial arbitration decisions on issues of substantive law
  • Draws practical conclusions about the impact of arbitral decision-making on the choices made in practice
  • Includes comparative analysis from interviews with expert international arbitrators and national court judges, case studies, and publicly available arbitral awards
  • Identifies the legal and social norms governing an emerging culture of international arbitration, and their implications for the evolution of contract law
This unique study investigates a theory of international arbitration culture alongside the publicly available arbitral awards, in order to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners in a range of jurisdictions, as well as case studies, conference papers, and unpublished awards, it presents a comparative analysis of arbitral and judicial responses to contractual principles.

Part I presents the divergence in outcomes betweennational court litigation and international arbitration in relation to substantive law determinations, conducting in-depth case studies in two areas: the suspension of performance in response to non-performance, and the admissibility of extrinsic evidence to interpret contracts. Part II accounts for the conclusions of Part I with a comprehensive theory of arbitral decision-making, grounded in evidence gathered first-hand from arbitrators themselves.
Readership: Academics and practitioners in the field of commercial arbitration; postgraduate students of arbitration and contract law; business leaders and consultants working in international trade.