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Legal Reasoning Across Commercial Disputes
Comparing Judicial and Arbitral Analyses
«Having an empirical appreciation of how various adjudicative forums may resolve disputes is critical ... These factors make Professor Strong's book, which explores that legal reasoning, a vital academic contribution with real practical value ... This book's methodological approach is particularly inventive. Rather than relying on urban legends or crowdsourcing from social media, Professor Strong offers a vigorous mixed-methods technique that permits her to explore legal reasoning through three different lenses, each of which aids the assessment of the relative value and quality of dispute settlement. ... Ultimately, this book is a fundamental contribution to the field both of legal reasoning and dispute settlement, as it allows us to reality test our perceptions and gain a more nuanced understanding about what we can and should expect from adjudication ... in the modern era.»
Prof. Susan D. Franck, American University, Washington College of Law
This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. Les mer
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This work provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings. The analysis is built from three major research sources which ensures that the analysis can bridge evidence of perception, behaviours, and outcomes amongst judges and arbitrators. A statistical survey provides a benchmark and point of comparison with the subjective statements arising from an extensive programme of
interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice.
The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides.
The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts.
The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data.
The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.
interviews and questionnaires to provide an objective lens on the reasoning process that informs decisions and awards in practice.
The outcome, presented in Legal Reasoning across Commercial Disputes, is an evidence-based model of the determining factors in legal reasoning by identifying and quantifying approximately seventy-five objective markers for which data can be compared across the arbitral-judicial, domestic-international, and common law-civil law divides.
The methodology provides for a thorough and contextual assessment of legal reasoning by judges and arbitrators in commercial disputes. Legal Reasoning across Commercial Disputes investigates the level of sophistication and complexity associated with commercial arbitration relative to commercial litigation through domestic courts.
The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also assists judges and arbitrators in carrying out their duties by improving counsel's understanding about how to best to craft and present legal arguments and submissions. The study also addresses longstanding theoretical concerns about the legitimacy of national and international commercial arbitration by replacing assumptions and anecdotes with objective data.
The final part of the book draws together the various strands of analysis and concludes with a number of forward-looking proposals about how a deeper understanding of legal and judicial reasoning can be established to improve the quality of decisions and outcomes for all parties.
Detaljer
- Forlag
- Oxford University Press
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780198842842
- Utgivelsesår
- 2020
- Format
- 26 x 18 cm
Anmeldelser
«Having an empirical appreciation of how various adjudicative forums may resolve disputes is critical ... These factors make Professor Strong's book, which explores that legal reasoning, a vital academic contribution with real practical value ... This book's methodological approach is particularly inventive. Rather than relying on urban legends or crowdsourcing from social media, Professor Strong offers a vigorous mixed-methods technique that permits her to explore legal reasoning through three different lenses, each of which aids the assessment of the relative value and quality of dispute settlement. ... Ultimately, this book is a fundamental contribution to the field both of legal reasoning and dispute settlement, as it allows us to reality test our perceptions and gain a more nuanced understanding about what we can and should expect from adjudication ... in the modern era.»
Prof. Susan D. Franck, American University, Washington College of Law
«...remarkable ...»
Richard Bales, American Bar Association
«Legal Reasoning Across Commercial Disputes provides us with invaluable and original empirical research that takes the reader into the minds (and perhaps even the souls) of the arbitrators and judges who play such a critical role in dispensing justice [... The book] is not only meticulous and rigorous in an academic sense but also very pragmatic and accessible with many practical implications [...] Arbitrators, judges, lawyers, parties, policy makers, academics and indeed citizens may either directly or indirectly benefit from Professor Strong's fundamental contribution to our understanding, and challenge to our preconceptions, of the nuances and the inner workings of the decision-making process. Legal Reasoning Across Commercial Disputes [...] has the potential to have a major impact on how we understand and shape the rule of law.»
Russell Thirgood, Independent International Arbitrator and Chair of Resolution Institute, Australasi
«Professor SI Strong's book provides novel insights into the process of legal reasoning that will be of doubtless interest to practitioners and scholars, and it presents new empirical data that can be used as the springboard for future research ... Legal Reasoning Across Commercial Disputes is an innovative interdisciplinary study and a must-read for anyone interested in either legal reasoning or commercial dispute resolution.»
Catharine Titi, Arbitration International
«Academics interested in studying legal reasoning will find a plethora of data in the statistical analyses and narratives from neutrals, as well as inspiration for their own related research. Legal practitioners will find concrete advice on how best to frame legal arguments and best practices when appearing before a neutral. Finally, organizations seeking to develop programs for the education of judges and arbitrators will find suggestions on the important elements to include when creating their courses ... Dr. Strong's study on legal reasoning is extensive and multi-faceted, appealing to several stakeholders within the legal community ... For these reasons, Legal Reasoning is essential reading for anyone working in or researching the field of commercial disputes.»
Camille Ramos-Klee, New York Dispute Resolution Lawyer
«Professor Strong's sophisticated and comprehensive book sheds new light on an array of important issues. Her findings will be intriguing for anyone interested in arbitration, commercial law, empirical studies, international dispute resolution, or the age-old question of how decision-makers operate.»
Prof. David Horton, University of California, Davis
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