Book contents
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- 3 Arbitration and Comparative Law
- 4 Which Law Applies?
- 5 The Role of the Lex Arbitri
- 6 Is Arbitration Autonomous?
- 7 The Future of International Commercial Arbitration
- Part III Investor-State Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
6 - Is Arbitration Autonomous?
from Part II - International Commercial Arbitration as a Transnational Justice System
Published online by Cambridge University Press: 08 October 2021
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- 3 Arbitration and Comparative Law
- 4 Which Law Applies?
- 5 The Role of the Lex Arbitri
- 6 Is Arbitration Autonomous?
- 7 The Future of International Commercial Arbitration
- Part III Investor-State Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
Summary
Arbitration is often called autonomous – either as a description of reality, or as a desirable situation. This is not at all an uncomplicated claim. What do such claims for autonomous arbitration mean? How does it fit with the history of law and state? Does autonomy exist in practice? Is it conceivable or desirable in theory? And if not, how should we understand the idea of autonomous arbitration instead? These are questions that this chapter addresses, on the basis of well-known debates and topics. The result is that autonomy of arbitration does not exist and probably could not exist. What proponents of autonomy really defend is a particular position for international arbitration.
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- The Cambridge Companion to International Arbitration , pp. 115 - 137Publisher: Cambridge University PressPrint publication year: 2021
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