The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration

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Kluwer Law International B.V., 2003 M01 1 - 466 pages
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Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy.

The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace.

This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.

 

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Contents

The Process of International Commercial Arbitration
7
Historical Development of International Commercial Arbitration
15
Impact on State Sovereignty
22
Issues Raised and Arguments Advanced
28
Topics Covered in Book
34
Dominance of Liberal Free Market and Free Trade Policies 46 3 The Transformative Effect of Globalization
49
The Denationalization Theory 56 4 Changing Conceptions of State Sovereignty
58
State Sovereignty and International Arbitration
65
Conclusion
232
Extensive Period of Legislative Reform
238
Adoption and Translation of the UNCITRAL Model Law
246
Reform at the Regional Level
261
Trends in the Reform of National Arbitration Legislation
269
Convergence and Diversity in International Commercial
286
The Paradox of Globalization and Nationalization
305
A Third Supranational Legal System?
311

THE REGIME OF INTERNATIONAL
77
The Current International Arbitral Regime
84
The Role of the Epistemic Community Within the Regime
94
Institutionalization and the Regime of International Commercial
104
Introduction
125
Bilateral Regional and Multilateral Trade and Investment
145
Impact of Multilateralism and Regionalism on
160
NATIONALIZATION OF INTERNATIONAL
167
Efforts to Harmonize Nationalize Arbitration Laws
196
Harmonization Within International Commercial Arbitration 207 4 UNCITRAL and the Drafting of the Model Law
212
Existence Sources and Content of Lex Mercatoria
317
Acceptance Application of Lex Mercatoria By Nation States
323
Efforts at Codifying Lex Mercatoria
331
INTERNATIONAL COMMERCIAL ARBITRATION
345
Regulation of the Internet and International ECommerce
352
Diverse Approaches 370 Development of Online Negotiation and Mediation Schemes 373 Emergence of Online Arbitration Systems
377
Challenges to State
388
The Future of Cyberspace Arbitrations and Dispute Resolution 396 CHAPTER IX CONCLUSION
401
National Legal Systems and Transnationalism
408
Index
457

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