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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Arbitrating in a world of communicative reason
Author(s): Esposito, Paolo
Martire, Jacopo
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Keywords: Arbitration
Floating arbitration
Issue Date: 2012
Date Deposited: 20-May-2013
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.
DOI Link: 10.1093/arbitration/28.2.325
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