‘Is an “Arbitral Court” an Oxymoron?’

Pamela K Bookman, ‘Arbitral Courts’, 62 Virginia Journal of International Law 161 (2021). Once upon a time, litigators faced a clear choice among competing dispute resolution procedures. You could litigate. You could arbitrate. Or you could mediate. Early generations of dispute resolution scholars imagined these processes as being wholly distinct. Frank Sander, during the famed 1976 Pound Conference, envisioned a ‘multi-door courthouse’ where disputes could be neatly grouped – with the ease of a Harry Potter-esque sorting hat – into the most appropriate resolution mechanism. Over the past couple decades, these once-discrete processes have become more muddled. This is particularly true for complex commercial and international disputes. Processes converge and exist parallel to one another across jurisdiction … (more)

[Brian Farkas, JOTWELL, 4 June]

First posted 2021-06-05 10:00:29

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