Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2
International Arbitration. The Transnationalisation of Dispute Resolution
Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2
International Arbitration. The Transnationalisation of Dispute Resolution
Description
“Remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” - King's Law Journal (review of the 5th edition)
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.
This magisterial work is made up of six 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.
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Table of Contents
1. Introduction
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
3. International Arbitration: Initial Steps and Complications
4. The Conduct of the Proceedings and the Award
5. The Role of National Courts
6. The New York Convention. International Recognition and Enforcement of the Awards
Part 2: International Financial Arbitration
1. Introduction
2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation
3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies. Arbitration and Insolvency
4. Special Complications in International Financial Arbitrations
5. The Role and Function of P.R.I.M.E.
Part 3: Foreign Investment Arbitration
1. Introduction
2. The Basic Foreign Investment Protections. Direct Foreign Investors' Claims and the Role of Investment Arbitration
3. The Applicable Law in Foreign Investments
4. Exproprietary and Non-exproprietary Takings
5. Dispute Resolution and the TTIP. The EU 2014 Questionnaire, Subsequent Action, the Investment State Dispute Settlement (ISDS) Reform Process at UNCITRAL Working Group III. ICSID, the EU/Canada Treaty (CETA) and USMCA
Part 4: The Reasoning and Attitudes of International Arbitrators
1. Introduction
2. A Proper Perspective
3. Conclusions
Product details
| Published | Apr 02 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 9th |
| Pages | 416 |
| ISBN | 9781509978045 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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