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Arbitration, cyberspace, and globalization: a short book review of Katherine Lynch, The Forces of Economic Globalization. Challenges to the Regime of International Commercial Arbitration (Kluwer, The Hague, 2003)

The Forces of Economic Globalization. Challenges to the Regime of International Commercial Arbitration is a rigorous and very informed book by Katherine Lynch, which examines, among other things, how ODR integrates the globalization trend of international commercial arbitration.

One of the strong points of this book, and one that may be of particular interest to the ODR community, is that it goes beyond--though it does not ignore--the mere comparison between traditional arbitration regimes (national laws and international convention) and the realities of online arbitration. For instance, it analyzes ODR (particularly online arbitration) from two perspectives:

(1) How does ODR integrate the emerging regulatory models for cyberspace? Here the book views ODR as a regulatory tool for e-commerce.

(2) How does the fact of moving arbitration online challenge the existing arbitration regimes, which are based--like most of the law--on the Westphalian concept of sovereignty (i.e. they are based on territory). In this latter context, it addresses questions such as:
- Does the "development of [online arbitration] challenge the continued nationalization of the regime of international commercial arbitration?"
- Is online arbitration "going to be truly 'a-national arbitration'"?
- "Will this allow arbitrations to be denationalized or detached from and freed from national controls i.e. supervision and control by national courts reviewing the arbitral process and the arbitral award?"

This is not a book on ODR. But through its inclusion of a lengthy discussion of ODR, it provides for an even more valuable recognition of its importance. It uses the example of online arbitration in the context of arbitration and the globalization of law, and it thereby recognizes the importance of ODR for the arbitration field in its entirety, if not for the entire law.

If you're looking for a rigorous academic book which sits at the crossroads of ODR, arbitration, and globalization, this one may be a good read.

more...

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