“… remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King’s Law Journal)
Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness.
The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos.
The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
By:
Jan H Dalhuisen (King’s College London UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Edition: 8th edition
Dimensions:
Height: 244mm,
Width: 169mm,
Spine: 25mm
Weight: 454g
ISBN: 9781509949274
ISBN 10: 1509949275
Pages: 360
Publication Date: 02 November 2023
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
Part I International Commercial Arbitration 1.1. Introduction 1.2. The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria as Lex Arbitri. Transnational and Domestic Public Policy Considerations in the International Arbitral Process 1.3. International Arbitration: Initial Steps and Complications 1.4. The Conduct of the Proceedings and the Award 1.5. The Role of National Courts 1.6. The New York Convention. International Recognition and Enforcement of the Awards Part II International Financial Arbitration 2.1. Introduction 2.2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies 2.4. Complications in International Financial Arbitrations 2.5. The Emergence of P.R.I.M.E. Part III Foreign Investment Arbitration 3.1. Introduction 3.2. The Basic Foreign Investment Protections. Direct Foreign Investors’ Claims and the Role of Investment Arbitration 3.3. The Applicable Law in Foreign Investments 3.4. Proprietary and Non-proprietary Takings 3.5. Dispute Resolution and the Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty (CETA) Part IV The Reasoning of International Arbitrators 4.1. Introduction 4.2.A Proper Perspective 4.3.Conclusions
Jan H Dalhuisen is Professor of Law at King's College London, UK and Chair in Transnational Financial Law at the Catholic University in Lisbon, Portugal. He is Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong, the University of Singapore (NUS), Tel Aviv University, the University of New South Wales in Sydney, Australia, and the University of Utrecht in The Netherlands.
