University of Missouri School of Law
July 10, 2013
29 Arbitration International __ 2013, Forthcoming
University of Missouri School of Law Legal Studies Research Paper No. 2013-14
International commercial arbitration is often considered by those within the arbitral community to be a sophisticated and highly evolved means of resolving international disputes. However, those who are not frequent users or scholars of international commercial arbitration often view the field in an entirely different light. Some people believe the process has passed its prime, whereas others consider both the study and practice of arbitration to be somewhat immature and simplistic.
This Article considers the merit of these various criticisms by evaluating the methodology used in arbitral scholarship and case law and drawing certain analogies between the development of arbitration law and scholarship and the development of contract law and scholarship. In so doing, the discussion uses Professor William Park’s new book, Arbitration of International Business Disputes, to illustrate the evolution of international commercial arbitration as a practical and scholarly endeavor and as a means of determining whether and to what extent international commercial arbitration can be considered a mature field of study.
Number of Pages in PDF File: 17
Keywords: international commerical arbitration, dispute resolution, ADR, methodology, scholarship, contract law, international, comparative
Date posted: July 11, 2013