Suchergebnisse

Rules and reliability : how arbitrators decide / William W. (Rusty) Park -- Bias, vested interests and self-deception in judgment and decision-making : challenges to arbitrator impartiality / Peter Ayton & Geneviève Helleringer -- Biases and heuristics in arbitrator decision-making : reflections on how to counteract or play to them / Edna Sussman -- Cultural differences in perceptions of strong and weak arguments / Jos Hornikx -- The arbitrator as leader and facilitator / Ran Kuttner -- Disputant psychology in international arbitration : what can a comparison with domestic arbitration teach us? / Pietro Ortolani & Donna Shestowsky -- The potential impacts of psychology in the resolution of foreign direct investment disputes by international investment arbitration / Richard Earle -- Going first makes a difference : decision-making dynamics in arbitration / Mark A. Cymrot & Paul Levine -- Human memory and witness evidence in international arbitration / Ula Cartwright-Finch -- Separate awards for the advance on costs : psychological phenomena that account for biased risk assessment generated by early victories and identify methods for legal counsel to de-bias risk assessment / Cornel Marian & Sean P. Wright -- Some psychological preconditions for the process of international arbitration : preliminary findings of a research project with a qualitative approach / Dieter Flader & Charles W. Anderson III -- Assessing evidence, constructive mistrust and the loneliness of decision-making : 'There's no art to find the mind's construction in the face' / Geoffrey M. Beresford Hartwell -- Dissents in international arbitration / Audley Sheppard QC & Daphna Kapeliuk -- Systemic bias and the institution of international arbitration : a new approach to arbitral decision-making / Stavros Brekoulakis -- The psychological anthropology of international arbitration / Ilias Bantekas -- Balancing the triangle : how arbitration institutions meet the psychological needs and preferences of users / Adriana Aravena-Jokelainen & Sean P. Wright

"Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades, the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an 'investment' actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

Cover -- Half Title -- Title -- Copyright -- Contents -- Table of cases -- Introduction -- 1 What is arbitration? -- 2 The laws and rules applicable to arbitration -- 3 The agreement to arbitrate -- 4 The arbitral tribunal -- 5 Arbitral proceedings -- 6 The arbitral award -- 7 Challenging and enforcing arbitral awards -- Index.