Jump to ContentJump to Main Navigation
Legal Discourse across Cultures and Systems$
Users without a subscription are not able to see the full content.

Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

Show Summary Details
Page of

PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use (for details see http://www.hongkong.universitypressscholarship.com/page/privacy-policy).date: 21 April 2018

Mixing Legal Cultures in International Arbitration:

Mixing Legal Cultures in International Arbitration:

The Iran-United States Claims Tribunal

Chapter:
(p.34) (p.35) 2 Mixing Legal Cultures in International Arbitration:
Source:
Legal Discourse across Cultures and Systems
Author(s):

Peter Malanczuk

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0002

Based on the experience of the Iran–United States Claims Tribunal, this chapter argues for the multi-cultural composition of the arbitrators in tribunals. This tribunal was created under unique circumstances, considering the diverse ideological premises of the parties, their political and military confrontation, and the volume of the economic interests at issue, and this was often reflected in the difficulties of its operation in practice. In that particular instance, Iran and the United States each appointed three arbitrators from their own countries. Since their national legal systems were as different as their languages, cultures, and religion, these differences were further complicated by the diversity of the backgrounds and legal traditions of the third-country arbitrators from Sweden, Germany, Switzerland, Argentina, Poland, Finland, The Netherlands, and Italy. This made tribunal proceedings and decision in terms both of the procedure and the substantive law truly multicultural.

Keywords:   multicultural tribunal, Iran, United Sates, third-country arbitrators, legal culture, international court

Hong Kong Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .