David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
When judged by the sheer amount of scholarly literature to which it has given rise, uniform law, taken broadly here to include all forms of inter-jurisdictional legal harmonization, is a vast subject. To a significant extent, however, this fascinating subject presents but an academic interest. That is because efforts toward legal harmonization and the incorporation of uniform law have remained vain in many areas. Not so in respect of arbitration, the practice of which has seen spectacular growth in the context of international trade and commerce over the past twenty-five years. This paper looks at the incorporation of uniform arbitration law both in its formal and informal manifestations. An overview of incorporation through procedural and substantive instruments is first provided with reference to Canadian arbitration laws. Drawing insights from a multidisciplinary look at the concept of praxis and the teachings of Lon Fuller, the paper then looks at the status of arbitration practice vis-a-vis arbitration law and its incorporation, emphasizing the respective roles of experts and courts.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Fabien Gelinas, Codes, Silence and Harmony: General Principles and Commercial Usages in Transnational Contract Law.
Gerard A. W. Vreeswijk & Arno R. Lodder (2005). Gearbi: Towards an Online Arbitration Environment Based on the Design Principles Simplicity, Awareness, Orientation, and Timeliness. [REVIEW] Artificial Intelligence and Law 13 (2):297-321.
Daphna Kapeliuk, The Limits of Judicial Discretion: Emotive Dispositions of Israeli Courts in Implementing the New York Convention.
Alexandr Svetlicinii, Enforcement of Foreign Arbitral Awards in the Republic of Moldova: Evolution of the Pro-Arbitration Policy in the Case Law of the Supreme Court of Justice.
Added to index2009-03-12
Total downloads3 ( #621,168 of 1,907,910 )
Recent downloads (6 months)1 ( #462,165 of 1,907,910 )
How can I increase my downloads?