ABSTRACT

It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

part I|8 pages

Issues and Challenges

chapter 1|6 pages

International Commercial Arbitration Practice

A Discourse-based Perspective

part II|290 pages

Analyses and Evidence

chapter 2|34 pages

Addressing International Arbitration's Ambivalence

Hard Lessons from Australia *

chapter 5|20 pages

Enforcement of Arbitral Awards in Hong Kong

Legal and Political Challenges

chapter 6|20 pages

Language and Power in Arbitration Proceedings

Insights into Theory and Practice

chapter 10|16 pages

Cultural Variation in Arbitration Journals

The International Court of Arbitration Bulletin and Arbitration International Compared

chapter 11|30 pages

Voices in Arbitration Awards

Polyphony and Language Reports *

chapter 13|14 pages

Arbitration in Action

The Display of Arbitrators' Neutrality in Witness Hearings 1

chapter 14|24 pages

Arbitration in Italy

A Two-headed Janus?

chapter 16|16 pages

Confidentiality v. Publicity

The Impact of International Arbitration in the Media

part III|20 pages

Prospects and Conclusions