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View translated passages only
Oxford Law Citator
Contents
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Preliminary Material
Dedication
Foreword
Acknowledgements
Contents
Main Text
1 Introduction
I Introduction
II Best Practices in Empirical Legal Studies
III Existing Scholarship on Legal Reasoning
A Comparing Judicial and Arbitral Practice
B Comparing Domestic and International Practice
C Comparing Common Law and Civil Law Practice
D Background and Demographic Considerations
2 International Survey on Legal Reasoning
I Introduction
II Methodology
A General Methodological Concerns
B Comparative Methodology
III Demographics of Participants
A Judicial and Arbitral Roles
B Levels of Experience
IV Substantive Findings
A Use of Legal Authorities
1 Relative importance of legal authorities in substantive and procedural disputes
2 Independent legal research
3 Incorporating legal authorities into reasoned decisions and awards
4 Interim conclusions regarding the use of legal authorities
B Use of Factual Authorities (Evidence)
1 Relative importance of factual authorities in commercial disputes
2 Independent factual research
3 Incorporating evidentiary analyses into reasoned decisions and awards
4 Interim conclusions regarding the use of evidentiary materials
C The Reasoning Process
1 Factors influencing the reasoning process
2 Changes in reasoning techniques
3 Judicial reasoning versus arbitral reasoning
4 Interim conclusions regarding legal reasoning
D Drafting Reasoned Decisions and Awards
1 Drafting considerations
2 Definitional concerns
3 Interim conclusions regarding drafting reasoned decisions and awards
E Judicial and Arbitral Education Relating to Legal Reasoning
1 Content and form considerations
2 Interim conclusions regarding judicial and arbitral education
F Additional Issues
V Conclusion
3 Semi-Structured Interviews on Legal Reasoning
I Introduction
II Methodology
A Design Criteria
B Definitional Issues
III Substantive Findings
A General Issues
1 Purpose of reasoned decisions and awards
2 Audience for reasoned decisions and awards
3 Hallmarks of a well-written reasoned decision or award
4 Structure of a reasoned decision or award
B Legal Authorities
1 Relative importance of legal authorities
2 Method of reviewing legal authorities
a Law clerks and assistants
b Judges and arbitrators
3 Time of reviewing legal authorities
4 Independent legal research
a Approach to independent legal research
b Response to independent legal research
5 Citation of legal authorities
a Reason for legal citations
b Frequency of legal citations
6 Advice from judges and arbitrators to counsel regarding legal authorities
C Factual Authorities (Evidence)
1 Relative importance of evidence
2 Method of reviewing evidence
a Law clerks and assistants
b Judges and arbitrators
3 Time of reviewing evidence
4 Weight of evidence
5 Citation of evidence
6 Advice from judges and arbitrators to counsel regarding evidence
D The Reasoning Process
1 The basic process
2 Changes over time
3 Changes due to function—judges versus arbitrators
4 Changes due to dispute—domestic versus international
5 Changes due to role—panels versus single decision makers
6 Advice from judges and arbitrators to counsel regarding the reasoning process
E Writing a Reasoned Decision or Award
1 Deciding whether to write a reasoned decision or award
2 Deciding how much detail to include in a reasoned decision or award
3 Deciding how to draft a reasoned decision or award
4 Changing the outcome during the drafting process
a Whether and to what extent changes occur
b Why do changes occur
F Judicial and Arbitral Education Relating to Legal Reasoning
1 How respondents learned to draft reasoned decisions and awards
2 Advice regarding the drafting process
3 Need for educational programming
4 Type of educational programming
G Forward-Looking Proposals
IV Conclusion
4 Quantitative Analysis of Reasoned Decisions and Awards
I Introduction
II Methodology
A Generating the Data Set
B Generating the Coding Criteria
III Demographic and Background Information
IV Substantive Findings
A Paragraph Analysis
B Citation Count Analysis
1 Legal authorities
2 Factual authorities (evidence)
V Conclusion
5 Conclusion
I Introduction
II Testing Theoretical Assumptions Through Empirical Analysis
A Judicial Versus Arbitral Practice
B Domestic Versus International Practice
C Common Law Versus Civil Law Practice
III Unanticipated Results
IV Future Developments in Studies of Legal Reasoning
Further Material
Appendix I Instrument: Electronic Survey
Introduction and Consent Form
Definitions of ‘Commercial’, ‘International’, and ‘Reasoned Decision or Award’
Demographic Information
Role as International Commercial Arbitrator
Demographic Information, cont.
Worked as Both Judge and Arbitrator
Demographic Information, cont.
International commercial disputes
Questions Involving Legal Authorities
Questions Involving Factual Issues
Questions Involving Legal Reasoning
Questions Involving How Reasoned Decisions or Awards Are Written
Questions Involving Judicial and Arbitral Education Relating to Legal Reasoning
Conclusion
Appendix II Protocol: Semi-Structured Interviews
Appendix III Coding Book: Quantitative Analysis
Background/Demographic Questions
Substantive Questions
Index
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Appendix I Instrument: Electronic Survey
From:
Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong
Content type:
Book content
Product:
International Commercial Arbitration [ICMA]
Published in print:
03 December 2020
ISBN:
9780198842842
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44.192.79.149