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Legal Theory of International Arbitration, by Emmanuel Gaillard
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International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
- Sales Rank: #2774155 in Books
- Published on: 2010-05-03
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x 6.50" w x .75" l, .75 pounds
- Binding: Paperback
- 202 pages
Review
The book provides an extraordinarily clear overview of the main conceptions of international arbitration and their various practical consequences. A reading is therefore highly recommended for all arbitration practitioners --P. Lalive, L ordre public transnational et l arbitre international, in Liber Fausto Pocar, 2009, p. 601, at pp. 599-611 (in French)
In the best French tradition of private international law scholarship, Professor Gaillard undertakes an intellectual tour de force which demonstrates that the law of international arbitration cannot properly be understood without reflection on its philosophical underpinnings and, vice versa, that different philosophical conceptions of the law of international arbitration are not without practical implications --V. Heiskanen, Commentary of E. Gaillard, Aspects philosophiques du droit de l arbitrage international, in EJIL 20/2009, p. 942, at pp. 942-947
On all these points, Emmanuel Gaillard s book bears witness to his vast experience and exceptional comparative knowledge, as well as incorporating abundant and contemporary material, which, once again, makes it literally indispensable reading for all international arbitration practitioners --P. Lalive, Aspects philosophiques du droit de l arbitrage international, in ASA Bull. 4/2008 (December), p. 704, at pp. 700-704 (in French)
From the Back Cover
International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
About the Author
Emmanuel Gaillard is Professor of Law at University of Paris XII and a prominent practitioner in the field of international arbitration. Through his practice, extensive writing and teaching, he has contributed to the shaping of contemporary international arbitration law.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Great!
By RICARDO BUSANA GALVÃO BUENO
This book develops a real legal theory of international arbitration, showing and comparing the three main points of view about it, in a clear and deep explanation. Simply great.
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