
Research and Practice in International Commercial Arbitration: Sources and Strategies
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Content
- Intro
- Contents
- Table of Cases
- Table of Legislation, Treaties, and Conventions
- Table of Codes, Rules, and Model Laws
- 1. Research and Practice in International Commercial Arbitration
- A. Introduction
- B. Unique Concerns Related to Research and Practice in International Commercial Arbitration
- C. Why Special Research and Practice Methodologies are Necessary in International Commercial Arbitration
- D. Benefits Associated with Learning Special Research and Practice Methodologies for International Commercial Arbitration
- E. How to Use This Book
- 2. Sources of Law in International Commercial Arbitration
- A. Introduction
- B. Legal Authorities in International Commercial Arbitration
- (1) Sources of law-state sources versus private sources
- (2) Sources of law-international conventions and treaties
- (3) Sources of law-national laws
- (4) Sources of law-arbitral rules
- (5) Sources of law-law of the dispute (procedural orders and agreements between the parties)
- (6) Sources of law-arbitral awards
- (7) Sources of law-case law
- (8) Sources of law-treatises and monographs
- (9) Sources of law-legal articles
- C. How Experienced Advocates Use Legal Authorities
- D. How Experienced Arbitrators Weigh Legal Authorities
- E. Conclusion
- 3. Researching Common Areas of Dispute
- A. Introduction
- B. Finding Legal Authorities in International Commercial Arbitration
- (1) Location of law-international conventions and treaties
- (2) Location of law-national laws
- (3) Location of law-arbitral rules
- (4) Location of law-law of the dispute (procedural orders and agreements between the parties)
- (5) Location of law-arbitral awards
- (6) Location of law-case law
- (7) Location of law-treatises and monographs
- (8) Location of law-legal articles
- C. Researching Common Areas of Interest in International Commercial Arbitration
- (1) Researching arbitration agreements
- (2) Researching arbitral procedure
- (3) Researching challenges to the arbitrator
- (4) Researching recognition, enforcement, and challenge of an award
- 4. How to Use Your Research
- A. Introduction
- B. Adapting Written Pleadings and Memoranda of Law
- C. Citing Supporting Authority
- D. Submitting Testimony from Expert Witnesses
- 5. Legal Authorities in International Commercial Arbitration-Bibliographic Sources
- A. Introduction
- B. Specialized Electronic Databases
- (1) Free online services
- (2) Subscription services
- C. Conventions and Treaties
- D. National Laws
- E. Arbitral Rules
- F. Law of the Dispute (Procedural Orders and Agreements Between the Parties)
- G. Arbitral Awards
- H. Case Law
- I. Treatises and Monographs
- J. Legal Articles
- (1) Specialized arbitration and dispute resolution journals and periodicals
- (2) Specialized journals on international, regional, and comparative law
- (3) General journals that may carry articles on international commercial arbitration
- (4) Scholarly and practitioner collections
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
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