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Acknowledgements »

From: Research and Practice in International Commercial Arbitration: Sources and Strategies
SI Strong

Acknowledgements »

Edited By: SI Strong, Tony Molloy (Consultant Editor)
From: Arbitration of Trust Disputes: Issues in National and International Law
Edited By: SI Strong, Tony Molloy (Consultant Editor)

Acknowledgements »

From: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong

Acknowledgments »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong

Appendix: Ley 231/2008 Regulating the Consumer Arbitration System »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong

Arbitration of Trust Disputes: Issues in National and International Law »

Edited By: SI Strong, Tony Molloy (Consultant Editor)

Class, Mass and Collective Arbitration in National and International Law »

SI Strong

Appendix III Coding Book: Quantitative Analysis »

From: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong

5 Conclusion »

From: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong
This chapter concludes the analysis by putting the new empirical research discussed earlier in the book into a larger practical and scholarly context. The chapter begins by considering how the empirical data measures up to theoretical studies in this area of law, pulling together select elements from the three research strands (i.e. the international survey, semi-structured interviews, and coding exercise) and focusing on particular issues of interest across the three major areas of comparison (i.e. the judicial–arbitral, domestic–international, and common law–civil law divides). While this summation is not intended to be comprehensive, it nevertheless provides a high-level overview of general research outcomes. Next, the chapter discusses certain unanticipated data that was generated during the course of the study and seeks to situate that information within the academic understanding of legal reasoning. Finally, the focus turns to the various ways that studies in legal reasoning might develop in the future as a result of the research reflected herein.

Contents »

From: Research and Practice in International Commercial Arbitration: Sources and Strategies
SI Strong

Contents »

From: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong

Contents »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong

Credits »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong

Dedication »

From: Research and Practice in International Commercial Arbitration: Sources and Strategies
SI Strong

Dedication »

From: Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses
S.I. Strong

Dedication »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong

7 Enforcement of Class, Mass, and Collective Awards »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong
7.1 The purpose of engaging in arbitration is to obtain an enforceable award, and all participants in the process, including both parties and arbitral tribunals, must be cognizant of the unique challenges associated with producing an enforceable award in a class, mass, or collective dispute.1 Interestingly, enforcement of large-scale arbitral awards is an issue that has been analyzed more fully at the international level than at the national level, even though there are currently far more large-scale domestic disputes going to arbitration than cross-border...

6 The Future of Class, Mass, and Collective Arbitration »

From: Class, Mass and Collective Arbitration in National and International Law
SI Strong
6.1 The future of class, mass, and collective arbitration might in some ways appear well-settled, given the wide variety of procedures currently available under national and international law.1 However, the evolution of large-scale arbitration has not always been smooth,2 and some questions remain about whether class, mass, and collective arbitration will develop further, both in jurisdictions where such mechanisms are already in use as well as in other legal systems. 6.2 When considering the future of large-scale arbitration, it is useful first to determine...

V Concluding Thoughts, 22 The Future of Trust Arbitration: Quo Vadis? »

SI Strong
From: Arbitration of Trust Disputes: Issues in National and International Law
Edited By: SI Strong, Tony Molloy (Consultant Editor)
This chapter presents a cross-disciplinary and cross-cultural analysis that attempts to bring together the various strands of discussion and identify how internal trust arbitration is likely to develop in the coming years. It argues that internal trust arbitration appears to be on the rise in a number of jurisdictions, with support coming from both the public and private sectors. While much remains to be done as a matter of both practice and policy, the breadth and the depth of interest in this particular procedure is very promising. If internal trust arbitration is to become a viable mechanism domestically and internationally, the legal community needs to balance the needs and best practices of both trust law and arbitration law. To achieve this outcome, experts in both arbitration law and trust law need to work together rather than in isolation.

4 How to Use your Research »

From: Research and Practice in International Commercial Arbitration: Sources and Strategies
SI Strong
4.01 Previous chapters have described the type of legal authorities that exist in inter-national arbitration, how those authorities are used by experienced advocates, what weight is given to those authorities by experienced arbitrators, and how to locate and use those authorities. This, however, is not enough. Both arbitrators and advocates still need to understand how research materials can and should be used in an international—as opposed to a domestic—arbitral proceeding. An advocate’s failure to conform to at least some of the unwritten customs of...