Preface
Acknowledgments
Table Of Select Abbreviations
Table Of Cases
Table Of Statutes
Table Of Conventions
Part One
Culture And The Legal Framework And Theoretical Pillars Of
International Arbitation
Chapter 1: Introduction
Chapter 2: Defining Legal Culture
A. A Brief Look At Culture In Transnational Business
B. Preliminary Thoughts On Culture In International Arbitration
C. Conclusion
Chapter 3: The Political And Cultural History Of International
Arbitration In Various Legal Traditions
A. The Political And Cultural History Of Contemporary International
Arbitration
B. The Evolution Of The Courts' Tolerance Of International
Arbitration In Various Legal Traditions
1. Common Law Legal Tradition
2. Civil Law Legal Tradition
3. Chinese Legal Tradition
4. African Legal Tradition
Chapter 4: The Theories And Theoreticians Of International
Arbitration
A. The Theories And Theoreticians
1. Emmanuel Gaillard's Theory
2. Jan Paulsson's Theory
3. Catherine Rogers' Theory
4. Gary Born's Theory
5. Sundaresh Menon's Theory
6. David Caron's Theory
B. Conclusion
Chapter 5: The Evolving Justifications Of International
Arbitration
A. Initial Justifications
B. Contemporary Justifications
C. Assessing The Credibility Of The Contemporary Justifications
1. Jurisdictional Justification
2. Promotional Justifications
D. Conclusion
Chapter 6: Culture And The Legal Infrastructure Of Commercial
Arbitration
A. A Cultural Analysis Of The Legal Framework
1. The New York Convention
B. Conclusion
Chapter 7: Culture And The Legal Infrastructure Of Investment
Arbitration
A. The Icsid Legitimacy Debate
1. Empirical Studies
2. A Closer Look At The Empirical Studies
B. A Historical Perspective
1. The Doctrinal Debate
2. Why Was Icsid Accepted?
C. Quantitative Indicators
1. Arbitrator Nationality
2. Counsel Nationality
3. Claimant Nationality
4. Location
5. Outcome On Jurisdiction
6. Outcome On The Merits
7. Allocation Of Cost
D. The Virtues Of Aristocratic Justice
1. Who Are The "Virtuous" Men?
2. Why Do The Africans Appoint The Virtuous Men?
E. Conclusion
Part Two
Deconstructing The Mythology Of Specialized Knowledge In
International Arbitration
Chapter 8: Diversity In The Epistomology Of Judicial Fact Finding
In The Major Legal Traditions Of The World: Indicators For Conduct
In International Arbitration
A. Fact Finding In The Common Law Legal Tradition
B. Fact Finding In The Civil Law Legal Tradition
C. Fact Finding In The Chinese Legal Tradition
D. Fact Finding In Islamic Legal Tradition
E. Conclusion
Chapter 9: Fact Finding And Cultural Diversity In International
Arbitration
A. Fact-Finding In The Fog
B. Culture As Fact; Fact As Culture
C. Interpretation And Application Of Law As A Cultural Practice
Chapter 10: The Typical Process For Selection And Challenge Of
Arbitrators
A. Appointment And Challenge
1. Appointment
2. Challenge
3. The Conduct Of Arbitration
4. The Iba Rules On The Taking Of Evidence In International
Arbitration
B. Conclusion
Chapter 11: The Mythology Of Specialized Knowledge
A. Jan Paulsson's Question: "Who's Complaining?"
1. The Audacity Of Elitism
2. Culturally Different Facts And Concepts: Applied Legal
Philosophy
B. Conclusion
Chapter 12: Conversations On The Role Of Culture In International
Arbitration
1. Introduction
2. Conversations File
A. Conversation With Judge Abdulqawi Yusuf, Vice President Of The
International Court Of Justice.
B. Conversation With Judge Judge Xue Hanqin, Judge Of The
International Court Of Justice.
C. Conversation With Judge Julia Sebutinde, Judge Of The
International Court Of Justice.
D. Conversation With Jurist No. 1
E. Conversation With Jurist No. 2
F. Conversation With Jurist No. 3
G. Conversation With Jurist No. 4
H. Conversation With Mr. Thomas R. Snider
Chapter 13: Summary Of Conclusions
Bibliography
Index
Won L. Kidane is a Fulbright Scholar and a tenured Associate
Professor of Law at the Seattle University School of Law, where he
teaches international arbitration and litigation among other
courses. He is the author of China-Africa Dispute Settlement (2011)
and co-author of Litigating War: Mass Civil Injury and the
Eritrea-Ethiopia Claims Commission (With Sean D. Murphy and Thomas
R. Snider, OUP 2014). He has written dozens of
articles published in law reviews and leading international law
journals including Cornell, University of Pennsylvania, Vanderbilt,
Emory, Fordham, and Wisconsin. Before becoming a professor at
Seattle University Law School, he practiced as
an arbitration attorney at DLA Piper and at Hunton & Williams, LLP
in Washington, D.C. He is currently a partner at the Addis Law
Group, LLP, a Washington D.C. based boutique international
arbitration firm.
"Kidane's book offers a multidimensional approach to (non)diversity in arbitration, from both theoretical and practical angles." -- Ethiopian Yearbook of International Law
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