Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 : International Arbitration. The Transnationalisation of Dispute Resolution

"... 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."-- Provided by publisher Preface to the Eighth Edition 8 Contents 10 Table of Cases 16 Table of Legislation and Related Documents 26 Part I: International Commercial Arbitration 36 1.1. Introduction 36 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 89 1.3. International Arbitration: Initial Steps and Complications 110 1.4. The Conduct of the Proceedings and the Award 130 1.5. The Role of National Courts 138 1.6. The New York Convention. International Recognition and Enforcement of the Awards 142 Part II: International Financial Arbitration 150 2.1. Introduction 150 2.2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 158 2.3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies 189 2.4. Complications in International Financial Arbitrations 213 2.5. The Emergence of P.R.I.M.E. 220 Part III: Foreign Investment Arbitration 230 3.1. Introduction 230 3.2. The Basic Foreign Investment Protections. Direct Foreign Investors' Claims and the Role of Investment Arbitration 249 3.3. The Applicable Law in Foreign Investments 254 3.4. Proprietary and Non-proprietary Takings 267 3.5. Dispute Resolution and the Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty (CETA) 283 Part IV: The Reasoning of International Arbitrators 302 4.1. Introduction 302 4.2. A Proper Perspective 334 4.3. Conclusions 342 Index 346