Title: The culture of international arbitration /
Authors: Kidane, Won,
Year: 2017
Subjects: Arbitration (International law); Arbitration (International law)
Abstract: This work offers an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The text provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome.
Contents: Introduction -- Defining legal culture -- The political and cultural history of international arbitration in various legal traditions -- The theories and theoreticians of intenrational arbitration -- The evolving justifications of international arbitration -- Culture and the legal infrastructure of commercial arbitration -- Culture and legal infrastructure of investment arbitration -- Diversity in the epistemology of judicial fact-finding in the major legal traditions of the world : indicators for conduct in international arbitration -- Fact-finding and cultural diversity in international arbitration -- The typical process for selection and challenge of arbitrators -- The mythology of specialized knowledge -- Conversations on the role of culture in international arbitration -- Summary of conclusions.