Legal interpretation and adjudicatory activism in international commercial arbitration

Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Standard

Legal interpretation and adjudicatory activism in international commercial arbitration. / Lam, Joanna.

Language and Legal Interpretation in International Law. red. / Anne Lise Kjaer ; Joanna Lam . Oxford University Press, 2022. (Oxford Studies in Language and Law).

Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt

Harvard

Lam, J 2022, Legal interpretation and adjudicatory activism in international commercial arbitration. i AL Kjaer & J Lam (red), Language and Legal Interpretation in International Law. Oxford University Press, Oxford Studies in Language and Law. https://doi.org/10.1093/oso/9780190855208.003.0013,

APA

Lam, J. (2022). Legal interpretation and adjudicatory activism in international commercial arbitration. I A. L. Kjaer , & J. Lam (red.), Language and Legal Interpretation in International Law Oxford University Press. Oxford Studies in Language and Law https://doi.org/10.1093/oso/9780190855208.003.0013,

Vancouver

Lam J. Legal interpretation and adjudicatory activism in international commercial arbitration. I Kjaer AL, Lam J, red., Language and Legal Interpretation in International Law. Oxford University Press. 2022. (Oxford Studies in Language and Law). https://doi.org/10.1093/oso/9780190855208.003.0013,

Author

Lam, Joanna. / Legal interpretation and adjudicatory activism in international commercial arbitration. Language and Legal Interpretation in International Law. red. / Anne Lise Kjaer ; Joanna Lam . Oxford University Press, 2022. (Oxford Studies in Language and Law).

Bibtex

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title = "Legal interpretation and adjudicatory activism in international commercial arbitration",
abstract = "This chapter discusses creative aspects of legal interpretation and the practice of adjudicatory activism in international commercial arbitration. It analyses cases in which arbitrators arrive at their decisions by reaching beyond the letter of the applicable law while acting either within the limits of their discretion or by exceeding them. In particular, it focuses on situations in which such activity leads to an expression, formulation, and consolidation of formerly unspecified rules. The chapter critically revisits dynamic theories of legal interpretation (formulated primarily in the context of litigation before the domestic courts), and examines their applicability to arbitration, in a form adjusted to specific demands of arbitral decision-making. It further examines particularities of interpretative practice in international commercial arbitration, related to application of the lex mercatoria principles, to amiable composition, and to public order considerations.",
author = "Joanna Lam",
year = "2022",
doi = "10.1093/oso/9780190855208.003.0013,",
language = "English",
isbn = "9780190855208",
series = "Oxford Studies in Language and Law",
publisher = "Oxford University Press",
editor = "{Kjaer }, {Anne Lise } and {Lam }, {Joanna }",
booktitle = "Language and Legal Interpretation in International Law",
address = "United Kingdom",

}

RIS

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T1 - Legal interpretation and adjudicatory activism in international commercial arbitration

AU - Lam, Joanna

PY - 2022

Y1 - 2022

N2 - This chapter discusses creative aspects of legal interpretation and the practice of adjudicatory activism in international commercial arbitration. It analyses cases in which arbitrators arrive at their decisions by reaching beyond the letter of the applicable law while acting either within the limits of their discretion or by exceeding them. In particular, it focuses on situations in which such activity leads to an expression, formulation, and consolidation of formerly unspecified rules. The chapter critically revisits dynamic theories of legal interpretation (formulated primarily in the context of litigation before the domestic courts), and examines their applicability to arbitration, in a form adjusted to specific demands of arbitral decision-making. It further examines particularities of interpretative practice in international commercial arbitration, related to application of the lex mercatoria principles, to amiable composition, and to public order considerations.

AB - This chapter discusses creative aspects of legal interpretation and the practice of adjudicatory activism in international commercial arbitration. It analyses cases in which arbitrators arrive at their decisions by reaching beyond the letter of the applicable law while acting either within the limits of their discretion or by exceeding them. In particular, it focuses on situations in which such activity leads to an expression, formulation, and consolidation of formerly unspecified rules. The chapter critically revisits dynamic theories of legal interpretation (formulated primarily in the context of litigation before the domestic courts), and examines their applicability to arbitration, in a form adjusted to specific demands of arbitral decision-making. It further examines particularities of interpretative practice in international commercial arbitration, related to application of the lex mercatoria principles, to amiable composition, and to public order considerations.

U2 - 10.1093/oso/9780190855208.003.0013,

DO - 10.1093/oso/9780190855208.003.0013,

M3 - Book chapter

SN - 9780190855208

T3 - Oxford Studies in Language and Law

BT - Language and Legal Interpretation in International Law

A2 - Kjaer , Anne Lise

A2 - Lam , Joanna

PB - Oxford University Press

ER -

ID: 166881966