File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
  • Find via Find It@HKUL
Supplementary

Article: Regularity through reason: a foundation of virtue for international arbitration

TitleRegularity through reason: a foundation of virtue for international arbitration
Authors
KeywordsInternational arbitration
Consistency
Reason
Reliable dispute settlement
Issue Date2011
PublisherNational Taiwan University. College of Law. Asian Center for WTO & International Health Law and Policy. The Journal's web site is located at http://www.law.ntu.edu.tw/center/wto/05publications2.asp?FB=P1&tb_index=408
Citation
Contemporary Asia Arbitration Journal, 2011, v. 4 n. 1, p. 57-94 How to Cite?
AbstractThis Article has two purposes. First, this Article explores the ambiguity of the term “precedent” and its associated principle “stare decisis” in the context of international arbitration to better understand the potential source of confusion over precedent’s role in international arbitration, and continues on to a detailed analysis of the many international arbitral decisions that grapple with the role of precedent in reaching a conclusion. With a clear understanding of the magnitude of the confusion over the role of precedent in international arbitration, the stage is set for the next part of the Article to introduce consistency of reasoning and other underlying principles as an alternative paradigm to precedent, as well as some of the risks involved with a focus on consistency. Such a paradigm shift is similar to that proposed by Sir Edward Coke in the early 17th century, which added considerable unity to the common-law system by placing consistency of reasoning at the heart of the common-law system, as opposed to precedent, which often had led to fragmentation in the past. By focusing on consistency through reason, the international arbitration regime will be a healthier system in terms of rendering reliable decisions.
Persistent Identifierhttp://hdl.handle.net/10722/139336
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorFry, JDen_US
dc.date.accessioned2011-09-23T05:48:25Z-
dc.date.available2011-09-23T05:48:25Z-
dc.date.issued2011en_US
dc.identifier.citationContemporary Asia Arbitration Journal, 2011, v. 4 n. 1, p. 57-94en_US
dc.identifier.issn1999-9747-
dc.identifier.urihttp://hdl.handle.net/10722/139336-
dc.description.abstractThis Article has two purposes. First, this Article explores the ambiguity of the term “precedent” and its associated principle “stare decisis” in the context of international arbitration to better understand the potential source of confusion over precedent’s role in international arbitration, and continues on to a detailed analysis of the many international arbitral decisions that grapple with the role of precedent in reaching a conclusion. With a clear understanding of the magnitude of the confusion over the role of precedent in international arbitration, the stage is set for the next part of the Article to introduce consistency of reasoning and other underlying principles as an alternative paradigm to precedent, as well as some of the risks involved with a focus on consistency. Such a paradigm shift is similar to that proposed by Sir Edward Coke in the early 17th century, which added considerable unity to the common-law system by placing consistency of reasoning at the heart of the common-law system, as opposed to precedent, which often had led to fragmentation in the past. By focusing on consistency through reason, the international arbitration regime will be a healthier system in terms of rendering reliable decisions.-
dc.languageengen_US
dc.publisherNational Taiwan University. College of Law. Asian Center for WTO & International Health Law and Policy. The Journal's web site is located at http://www.law.ntu.edu.tw/center/wto/05publications2.asp?FB=P1&tb_index=408en_US
dc.relation.ispartofContemporary Asia Arbitration Journalen_US
dc.subjectInternational arbitration-
dc.subjectConsistency-
dc.subjectReason-
dc.subjectReliable dispute settlement-
dc.titleRegularity through reason: a foundation of virtue for international arbitrationen_US
dc.typeArticleen_US
dc.identifier.emailFry, JD: jamesfry@hkucc.hku.hken_US
dc.identifier.authorityFry, JD=rp01244en_US
dc.identifier.hkuros196282en_US
dc.identifier.volume4en_US
dc.identifier.issue1-
dc.identifier.spage57en_US
dc.identifier.epage94en_US
dc.publisher.placeTaiwan, Republic of China-
dc.identifier.ssrn1867896-

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats