Between Interests and Law
The Politics of Transnational Commercial Disputes

Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.

Thomas Hale (Author)

9781107083622, Cambridge University Press

Hardback, published 7 August 2015

430 pages, 36 b/w illus. 19 tables
23.5 x 15.8 x 2.9 cm, 0.76 kg

'Hale's book is a remarkable achievement and should be compulsory reading for dispute resolutions scholars and stakeholders. His achievement is that he provides clarity and insights in an unchartered territory. He explores the challenges for public authorities in an environment of market power and legal networks largely shaped by private institutions and provides perhaps the most forceful and compelling argument in support of the legitimacy of private arbitration.' Loukas Mistelis, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London

We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.

1. Introduction
2. The past and present regime for transborder commercial disputes
3. Institutions between interests and law
4. The intergovernmental regime: from interests to law over a century
5. The United States
6. Argentina
7. China
8. Conclusion.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM], Law [L], International relations [JPS]