Overview
This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparative analysis of arbitral and judicial responses to contract law issues. Part I develops a theory of arbitral decision-making as influenced by a legal culture specific to the international commercial arbitration community. It identifies the specific social norms that make up that culture and considers how these norms might affect arbitrators decision-making on matters of substantive contract law. Part II tests the explanatory power of the theory developed in Part I by applying it to published decisions of international commercial arbitrators on two discrete areas of contract law: suspension of performance in response to non-performance and the interpretation of contracts. These case studies demonstrate that arbitrators and judges are likely to take divergent approaches, even when they are applying the same substantive laws. This divergence is explicable on the basis of international arbitrations unique culture. Finally, the cultural theory of international arbitral decision-making is applied to make predictions about the ways that contract law is likely to evolve through the decisions of international arbitrators.
Full Product Details
Author: Joshua D H Karton (Assistant Professor, Faculty of Law, Queen's University, Ontario)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 16.30cm
, Height: 2.40cm
, Length: 23.60cm
Weight: 0.616kg
ISBN: 9780199658008
ISBN 10: 0199658005
Pages: 306
Publication Date: 07 March 2013
Audience:
College/higher education
,
Professional and scholarly
,
Postgraduate, Research & Scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
`Professor Joshua Karton has written an invaluable contribution to our understanding of the international arbitration community and the private international contract law which it presides over. I would highly recommend this book for the guidance and insight it offers. It is thorough, coherent, and very difficult to put down. A 'must read' for all who practice or aspire to practice in the realm of international commercial arbitration.' David Haigh, Burnet, Duckworth and Palmer LLP, Alberta `This is a unique book. It delineates and explains in a scholarly and readable way what has developed as the global culture in international commercial arbitration as no one has before. It should be read by and in the library of every arbitrator and arbitration counsel.' Earl A. Cherniak QC, Lerners LLP and associate member of 3 Verulam Buildings, London
`Professor Joshua Karton has written an invaluable contribution to our understanding of the international arbitration community and the private international contract law which it presides over. I would highly recommend this book for the guidance and insight it offers. It is thorough, coherent, and very difficult to put down. A 'must read' for all who practice or aspire to practice in the realm of international commercial arbitration.' David Haigh, Burnet, Duckworth and Palmer LLP, Alberta `This is a unique book. It delineates and explains in a scholarly and readable way what has developed as the global culture in international commercial arbitration as no one has before. It should be read by and in the library of every arbitrator and arbitration counsel.' Earl A. Cherniak QC, Lerners LLP and associate member of 3 Verulam Buildings, London
This is a stimulating book that breaks new ground in our field. James H. Carter
Author Information
Joshua Karton is an Assistant Professor in the Faculty of Law at Queen's University in Kingston, Ontario, Canada, where he has taught since 2009. A graduate of Yale (BA 2001) and Columbia Law School (JD 2005), he is a member of the New York Bar. He practiced as an associate in the litigation/arbitration group at Cleary Gottlieb Steen & Hamilton LLP in New York before pursuing his doctoral studies at Cambridge, from which he graduated in 2011 with a PhD in law. This book is based on his PhD thesis, which was supervised by James Crawford and Louise Merrett. Professor Karton was awarded the International & Comparative Law Quarterly Young Scholar Prize for an article based on an earlier version of Chapter Six of this book.
