KartonCULT INT ARBITRATION & EVO OF CONTRACT C
Joshua Karton is an Assistant Professor in the Faculty of Law at Queen's University in Kingston, Ontario, Canada, where he has taught since 2009. A graduate of Yale (BA 2001) and Columbia Law School (JD 2005), he is a member of the New York Bar. He practiced as an associate in the litigation/arbitration group at Cleary Gottlieb Steen & Hamilton LLP in New York before pursuing his doctoral studies at Cambridge, from which he graduated in 2011 with a PhD in law. This book is based on his PhD thesis, which was supervised by James Crawford and Louise Merrett. Professor Karton was awarded the International & Comparative Law Quarterly Young Scholar Prize for an article based on an earlier version of Chapter Six of this book.
* 1. Introduction
* I: Background
* II: Methodology and Structure
* Part 1: A Cultural Theory of International Arbitral Decision-making
* 2. Studying International Arbitral Culture
* I: Introduction
* II: The Nature and Importance of Culture
* III: The Current State of International Arbitral Culture
* IV: Methodology
* V: Conclusion
* 3. Norms Arising from the Institutional Structure of International
Commercial Arbitration
* I: Introduction
* II: Sources of and Constraints on Arbitral Authority
* III: The Professional Context of Arbitration
* IV: International Commercial Arbitration as a Competitive Marketplace
* V: Conclusion
* 4. Norms Arising from the Values Shared by International Commercial
Arbitrators
* I: Introduction
* II: Party Autonomy
* III: The Service of Business
* IV: Neutrality
* V: Internationalism
* VI: Conclusion
* Part 2: International Arbitration Culture and Contract Law
* 5. Substantive Law Determinations in International Commercial
Arbitration: The Legal Rules
* I: Introduction
* II: Application of Different Rules of Law in International
Arbitration and National Court Litigation
* III: Ascertainment of the Content of the Governing Law
* IV: Conclusion
* 6. Case Study 1: Suspension of Performance
* I: Introduction
* II: The Remedy of Suspension of Performance
* III: Suspension of Performance in Comparative Context
* IV: Suspension of Performance in International Commercial Arbitration
* V: Conclusion
* 7. Case Study 2: The Interpretation of Contracts
* I: Introduction
* II: Contractual Interpretation in Comparative Context
* III: Contractual Interpretation in International Commercial
Arbitration
* IV: Conclusion
* 8. The Future of Contract Law
