Associate Professor at Warwick Law | Arbitration | Investment, Contract and Sports Law | Rule of Law
Time for Friday open-access reading recommendations! First up - Carlo Vittorio Giabardo 'Private Justice: The Privatisation of Dispute Resolution and the Crisis of Law' (Wolverhampton Law Journal, Vol. 14, 2020) (https://lnkd.in/epKGBPCE) Although it is sometimes assumed that avoiding litigation is a good thing, Carlo's article (drawing on a vast array of sources) problematizes this very well and should give any mediation (but also arbitration) practitioner or proponent a reason to stop and reflect. Then - Shai Dothan 'Ex Aequo Et Bono: The Uses of the Road Never Taken' ( iCourts Working Paper Series, No. 146, 2018) (https://lnkd.in/e8UKkqSU) What's the point of a way of resolving disputes that no-one uses? In this case focussing on the well-known but little understood concept of ex aequo et bono decision-making, Shai makes an excellent case that having such a mechanism (even if unused) has multiple and tangible benefits. Enjoy the weekend (reading)! #arbitration #mediation #internationallaw
Thanks @Velimir for recommending my contribution. Very much appreciated! 🇬🇧🇮🇹
Law Student at Bocconi University - International Dispute Resolution
4moThank you for sharing these articles! The first one, especially, along with the cited lecture from F.A. Mann, will be extremely useful for my thesis on International Commercial Courts. Their arguments are well-reasoned and even echo some of the reasons supporting the creation of ICommCs. I think I will also include these sources among those listed on the International Commercial Courts landing page.