This publication analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration.
This is an emerging topic with the existing literature not providing the needed analysis of legal theory and arbitral practice. This book aims to bridge the gap by explaining the three different stages of arbitral lawmaking – before, during, and after the rule is made: first stage is the situation of the arbitrator and the legal framework governing it; second stage is the process of lawmaking; and finally the third stage is when the consistent arbitral solution is launched to a wider public. You will get answer to the following questions:
With this title you can be sure to approach any case before international arbitral tribunals with full awareness of the freedoms and constraints of arbitrators. You can also proceed confidently through the maze of explicit and implicit rules that govern jurisdiction, procedure and merits in international arbitration. It will be of immeasurable and lasting value to practitioners, scholars, arbitral institutions, and international organizations worldwide. Read more and view table of contents. May 2017, 360 pp., hardcover ISBN: 9789041183545 Price: EUR 180 / USD 199 / GBP 147 International Arbitration Law Library Series Volume 43 |