SI Strong, ‘Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses’

ABSTRACT
Although commercial arbitration is often considered to be the functional equivalent of commercial litigation, many scholars and policymakers routinely downplay the value of arbitration, characterizing it as a type of ‘second class justice’. One of the primary reasons for the devaluation of arbitration is the lack of understanding about the degree of sophistication and complexity associated with commercial arbitration, particularly international commercial arbitration.

Legal Reasoning Across Commercial Disputes addresses this problem by undertaking a multi-pronged empirical analysis of legal reasoning in commercial disputes and comparing the data across three different axes: the judicial-arbitral divide, the domestic-international divide and the common law-civil law divide. In so doing, the text provides important insights into how judges and arbitrators resolve complex commercial disputes in a variety of settings. The study not only helps parties make more informed choices about where and how to resolve their legal disputes, it also improves counsel’s understanding about how to best to craft and present legal arguments and submissions. Judges, arbitrators, and scholars benefit by having hard evidence on the beliefs and behaviors of commercial decision-makers around the world …

Strong, SI, Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses (July 8, 2020). SI Strong, Legal Reasoning Across Commercial Disputes: Comparing Judicial and Arbitral Analyses (Oxford University Press, forthcoming 2020).

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