2008 | Public and Private Law in the Global Adjudication System
Event Title
Topic II: Arbitration v. Courts - Mechanism and Choice of Forum
Location
Duke Law School, Room 4047
Start Date
15-2-2008 10:45 AM
End Date
15-2-2008 12:15 PM
Description
Why do parties choose to bring disputes before arbitral tribunals rather than national courts? Are arbitral tribunals replacing courts as the dispute-resolution mechanism of choice in transnational cases, or is a counter-trend towards courts emerging? Can arbitral tribunals exist without the enforcement mechanisms of national courts? In this discussion, panelists answer these questions, and discuss other aspects of the relationship of arbitral and national adjudication.
Appearing: Donald L. Horowitz (Duke Law School), moderator ; Thomas E. Carbonneau (Dickinson School of Law), Charles H. Brower II (University of Mississippi School of Law), and Christopher A. Whytock (S.J. Quinney College of Law ), panelists.
Related Paper
Thomas E. Carbonneau, Commercial Peace and Political Competition in the Crosshairs of International Arbitration, 18 Duke Journal of Comparative & International Law 311-338 (2008)
Available at: http://scholarship.law.duke.edu/djcil/vol18/iss2/3
Related Paper II
Charles H. Bower II, The Functions and Limits of Arbitration and Judicial Settlement Under Private and Public International Law, 18 Duke Journal of Comparative & International Law 259-310 (2008)
Available at: http://scholarship.law.duke.edu/djcil/vol18/iss2/2
Related Paper III
Christopher A. Whytock, Litigation, Arbitration, and the Transnational Shadow of Law, 18 Duke Journal of Comparative & International Law 449-475 (2008)
Available at: http://scholarship.law.duke.edu/djcil/vol18/iss2/8
Topic II: Arbitration v. Courts - Mechanism and Choice of Forum
Duke Law School, Room 4047
Why do parties choose to bring disputes before arbitral tribunals rather than national courts? Are arbitral tribunals replacing courts as the dispute-resolution mechanism of choice in transnational cases, or is a counter-trend towards courts emerging? Can arbitral tribunals exist without the enforcement mechanisms of national courts? In this discussion, panelists answer these questions, and discuss other aspects of the relationship of arbitral and national adjudication.
Appearing: Donald L. Horowitz (Duke Law School), moderator ; Thomas E. Carbonneau (Dickinson School of Law), Charles H. Brower II (University of Mississippi School of Law), and Christopher A. Whytock (S.J. Quinney College of Law ), panelists.