The law follows the power. But often gets too close to the power. Мудрые, актуальные слова

выступление проф. Bryant G Garth на пленарном заседании ICCA 2024 Hong Kong
(автор Dealing in virtue : international commercial arbitration and the construction of a transnational legal order
Authors:Yves Dezalay, Bryant G. Garth).
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Dealing in virtue : international commercial arbitration and the construction of a ...
24 июл. 2021 г. - Garth show how an informal, settlement-oriented system dominated by Continental academics became formalized, litigious, and expensive. They ...)
Summary:In recent years, international business disputes have increasingly been resolved through private arbitration. This pathbreaking book reveals for the first time how an elite, transnational legal profession has emerged over the last three decades and engaged in the construction of an autonomous legal field that is central to the global marketplace. Building on the structural approach of Pierre Bourdieu, Yves Dezalay and Bryant G. Garth show how an informal, settlement-oriented system dominated by Continental academics became formalized, litigious, and expensive. They also reveal a more personal but integral aspect of this new legal field - the intense personal competition and fascinating hierarchies among arbitrators seeking the international reputations for virtue that will lead to selection for arbitration panels. Since arbitration fees in many cases reach hundreds of thousands of dollars, this, too, is very much a high-stakes game
Print Book, English, 1996
Edition:View all formats and editions
Publisher: University of Chicago Press, Chicago, 1996
In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.
Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game.
Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA.
"A fascinating book, which I strongly recommend to all those active in international commercial arbitration, as they will see the arbitral world from new and unthought of perspectives."-Jacques Werner, Journal of International Arbitration