Arbitrators as lawmakers /
Bentolila, Dolores,author.
Arbitrators as lawmakers' analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Arbitral lawmaking 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.--
Includes bibliographical references and index.
Revision of the author's thesis (Ph.D.)--Graduate Institute of International Studies, Geneva, 2015.
Arbitrators as lawmakers' analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. Arbitral lawmaking 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.--
Part I. The actors of arbitral lawmaking. 1. The autonomy of international commercial arbitration -- 2. The autonomy of international investment arbitration -- Part II. The process of arbitral lawmaking. 3. Arbitrators' freedom in arbitral decision-making -- 4. Arbitrators' constraints in arbitral decision-making -- Part III. The product of arbitral lawmaking. 5. Consistent arbitral solutions -- 6. The status of consistent arbitral solutions.
Arbitration (International law)
International commercial arbitration.
Arbitration (International law)
International commercial arbitration.