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The Resource Judicial precedent and arbitration : are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice, Guilherme Rizzo Amaral

Judicial precedent and arbitration : are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice, Guilherme Rizzo Amaral

Label
Judicial precedent and arbitration : are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice
Title
Judicial precedent and arbitration
Title remainder
are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice
Statement of responsibility
Guilherme Rizzo Amaral
Creator
Subject
Language
eng
Summary
One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole.--
Assigning source
Provided by Publisher
Cataloging source
YDX
http://library.link/vocab/creatorName
Amaral, Guilherme Rizzo
Index
no index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Arbitration and award
  • Arbitration and award
  • Arbitration and award
  • Arbitration and award
  • Stare decisis
Label
Judicial precedent and arbitration : are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice, Guilherme Rizzo Amaral
Instantiates
Publication
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
on1005474136
Dimensions
24 cm
Extent
xxiii, 180 pages
Isbn
9780854902279
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)996433473
Label
Judicial precedent and arbitration : are arbitrators bound by judicial precedent? : a comparative study of UK, US and Brazilian law and practice, Guilherme Rizzo Amaral
Publication
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
on1005474136
Dimensions
24 cm
Extent
xxiii, 180 pages
Isbn
9780854902279
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)996433473

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