The Culture of International Arbitration

Preface Acknowledgments Table Of Select Abbreviations Table Of Cases Table Of Statutes Table Of Conventions Part One Culture And The Legal Framework And Theoretical Pillars Of International Arbitation Chapter 1: Introduction Chapter 2: Defining Legal Culture A. A Brief Look At Culture In Transnational Business B. Preliminary Thoughts On Culture In International Arbitration C. Conclusion Chapter 3: The Political And Cultural History Of International Arbitration In Various Legal Traditions A. The Political And Cultural History Of Contemporary International Arbitration B. The Evolution Of The Courts' Tolerance Of International Arbitration In Various Legal Traditions 1. Common Law Legal Tradition 2. Civil Law Legal Tradition 3. Chinese Legal Tradition 4. African Legal Tradition Chapter 4: The Theories And Theoreticians Of International Arbitration A. The Theories And Theoreticians 1. Emmanuel Gaillard's Theory 2. Jan Paulsson's Theory 3. Catherine Rogers' Theory 4. Gary Born's Theory 5. Sundaresh Menon's Theory 6. David Caron's Theory B. Conclusion Chapter 5: The Evolving Justifications Of International Arbitration A. Initial Justifications B. Contemporary Justifications C. Assessing The Credibility Of The Contemporary Justifications 1. Jurisdictional Justification 2. Promotional Justifications D. Conclusion Chapter 6: Culture And The Legal Infrastructure Of Commercial Arbitration A. A Cultural Analysis Of The Legal Framework 1. The New York Convention B. Conclusion Chapter 7: Culture And The Legal Infrastructure Of Investment Arbitration A. The Icsid Legitimacy Debate 1. Empirical Studies 2. A Closer Look At The Empirical Studies B. A Historical Perspective 1. The Doctrinal Debate 2. Why Was Icsid Accepted? C. Quantitative Indicators 1. Arbitrator Nationality 2. Counsel Nationality 3. Claimant Nationality 4. Location 5. Outcome On Jurisdiction 6. Outcome On The Merits 7. Allocation Of Cost D. The Virtues Of Aristocratic Justice 1. Who Are The "Virtuous" Men? 2. Why Do The Africans Appoint The Virtuous Men? E. Conclusion Part Two Deconstructing The Mythology Of Specialized Knowledge In International Arbitration Chapter 8: Diversity In The Epistomology Of Judicial Fact Finding In The Major Legal Traditions Of The World: Indicators For Conduct In International Arbitration A. Fact Finding In The Common Law Legal Tradition B. Fact Finding In The Civil Law Legal Tradition C. Fact Finding In The Chinese Legal Tradition D. Fact Finding In Islamic Legal Tradition E. Conclusion Chapter 9: Fact Finding And Cultural Diversity In International Arbitration A. Fact-Finding In The Fog B. Culture As Fact; Fact As Culture C. Interpretation And Application Of Law As A Cultural Practice Chapter 10: The Typical Process For Selection And Challenge Of Arbitrators A. Appointment And Challenge 1. Appointment 2. Challenge 3. The Conduct Of Arbitration 4. The Iba Rules On The Taking Of Evidence In International Arbitration B. Conclusion Chapter 11: The Mythology Of Specialized Knowledge A. Jan Paulsson's Question: "Who's Complaining?" 1. The Audacity Of Elitism 2. Culturally Different Facts And Concepts: Applied Legal Philosophy B. Conclusion Chapter 12: Conversations On The Role Of Culture In International Arbitration 1. Introduction 2. Conversations File A. Conversation With Judge Abdulqawi Yusuf, Vice President Of The International Court Of Justice. B. Conversation With Judge Judge Xue Hanqin, Judge Of The International Court Of Justice. C. Conversation With Judge Julia Sebutinde, Judge Of The International Court Of Justice. D. Conversation With Jurist No. 1 E. Conversation With Jurist No. 2 F. Conversation With Jurist No. 3 G. Conversation With Jurist No. 4 H. Conversation With Mr. Thomas R. Snider Chapter 13: Summary Of Conclusions Bibliography Index