Most books on international commercial arbitration approach the subject through legal theory supported by anecdotal evidence. This remarkable book is distinguished by its focus on the application of quantitative empirical research to the study of international arbitration. It collects, together with commentary, the existing empirical literature on the subject, and also presents several studies published here for the first time.
Beginning with a basic overview of the methods of empirical research (surveys, observational studies, experimental studies), the book goes on to reprint the existing empirical studies under six headings:
why parties agree to arbitrate;
arbitration clauses;
arbitral procedures;
arbitrator selection;
rules of decision and applicable law; and,
arbitration awards.
Written in an easily accessible, non-technical manner, Towards a Science of International Arbitration provides the starting point for future empirical research on international arbitration by collecting the existing empirical literature in one place and by suggesting possible topics for research. It will be of inestimable value to lawyers and others involved in international dispute resolution, whether as arbitrators, parties, party representatives, or in-house counsel, as well as to academics interested in methods of resolving disputes in international commerce.
Acknowledgments. Preface. Part 1. Introduction. Part 2. Why Arbitrate International Disputes?. Part 3. Arbitration Clauses. Part 4. Arbitral procedures. Part 5. Arbitrator Selection. Part 6. Rules of Decision and Applicable Law. Part 7. Awards. Part 8. Future Directions. Appendix 1. Data on Filings with International Arbitration Institutions. Appendix 2. Data on ICC Arbitrations. Index