Judicialisation of international commercial arbitration

Ilieva, P. (2016). Judicialisation of international commercial arbitration. (Unpublished Doctoral thesis, City, University of London)

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Abstract

It has been increasingly argued that international commercial arbitration is stripping off its intrinsic features of an alternative dispute resolution method and turning into a mechanism that is almost indistinguishable from litigation. The development describing the metamorphosis of international commercial arbitration into a method that is very similar in process and substance to national litigation is referred to as the judicialisation of international commercial arbitration.

The focus of this research is the process of judicialisation. The thesis questions whether it exists at all and, if yes, to what extent it has permeated both international arbitration proceedings and arbitral decision-making. While attempting to answer those questions other salient considerations are raised, such as:

• Which characteristics of international commercial arbitration are fundamental for this method of dispute resolution and should remain intact;
• What are the driving forces of the process of judicialisation;
• Is the judicialised approach entirely consistent with the benefits of international commercial arbitration and to what extent?

The ultimate objective of this thesis is to answer the question whether the judicialisation of international commercial arbitration is a positive development and thus be encouraged. Where negative implications are recognised, an attempt is made to identify the causes of the judicialisation process and offer solutions, if attainable.

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/17891

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