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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Arbitrating in a world of communicative reason
Authors: Esposito, Paolo
Martire, Jacopo
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Keywords: Arbitration
Floating arbitration
Issue Date: 2012
Publisher: Oxford University Press
Citation: Esposito P & Martire J (2012) Arbitrating in a world of communicative reason, Arbitration International, 28 (2), pp. 325-341.
Abstract: The present article advocates for a reworking of the theoretical foundations of international arbitration. With the aim of strengthening legitimacy and improving its dispute resolution efficiency, the authors argue in favour of a different approach to international arbitration's practices. Taking in consideration the transnational and trans-cultural nature of international arbitration they claim for a framework that would be more inclusive of parties' different socio-legal systems of reference, the latter suggested as the proper foundation upon which to build a system respectful of the parties' expectations. Jürgen Habermas's discourse theory provides the theoretical outline for a communicative dynamics that would move international arbitration towards a new dimension of mutual understanding among parties' diverging backgrounds. The authors explore the feasibility of such project and, suggesting possible guidelines, hope to open up a debate about the future perspectives of international arbitration.
Type: Journal Article
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Rights: The publisher has not yet responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.
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