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The Three Ages of International Commercial Arbitration

The Three Ages of International Commercial Arbitration

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108835176
  • 出版时间 December 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781108799775
JP¥23,218.00
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  • 描述 
  • 大纲 
  • 详细

    Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalisation (1920s–1950s) and the Age of Autonomy (1950s–present). Mikaël Schinazi analyses the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history and international law.

  • 1. General introduction
    2. Introduction to the Age of Aspirations
    3. Genealogy of international commercial arbitration
    4. The arbitration clause saga in French law and the emergence of a special regime for international commercial arbitration
    5. Introduction to the Age of Institutionalization
    6. The construction of a coherent framework for international commercial arbitration
    7. The development of the ICC arbitration system
    8. Introduction to the Age of Autonomy
    9. Lex Mercatoria and the birth of the French school of international arbitration
    10. The second generation of the French school of international arbitration and the quarrel over the arbitral legal order
    11. General conclusion
    Bibliography
    Index

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