Book contents
- The Constitution of Arbitration
- Comparative Constitutional Law and Policy
- The Constitution of Arbitration
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part I Arbitration and Private Law
- 1 The Liberal Case for Arbitration
- 2 Constitutionalizing the Right to Arbitration
- 3 Boundaries and Constraints
- 4 Arbitration and the Lawmaking Process
- 5 The Special Case of International Commercial Arbitration
- Part II Investment Treaty Arbitration
- Part III State-to-State Arbitration
- Index
4 - Arbitration and the Lawmaking Process
from Part I - Arbitration and Private Law
Published online by Cambridge University Press: 11 March 2021
- The Constitution of Arbitration
- Comparative Constitutional Law and Policy
- The Constitution of Arbitration
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part I Arbitration and Private Law
- 1 The Liberal Case for Arbitration
- 2 Constitutionalizing the Right to Arbitration
- 3 Boundaries and Constraints
- 4 Arbitration and the Lawmaking Process
- 5 The Special Case of International Commercial Arbitration
- Part II Investment Treaty Arbitration
- Part III State-to-State Arbitration
- Index
Summary
In most legal systems, courts perform two basic tasks: they resolve disputes in accordance with the law, and they formulate general rules to interpret, implement and enrich the existing body of law. Arbitration, in contrast, is not designed to contribute much to the lawmaking process by way of precedents. Its main function is dispute-resolution. The shortcomings of arbitration in jurisprudential terms are not problematic, in so far as courts are in a position to decide a sufficient number and variety of cases, in order to produce the pertinent case law. Accordingly, the high degree of political independence that arbitrators exhibit, when compared to courts, is not objectionable, given the limited part they play in the generation of norms.
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- The Constitution of Arbitration , pp. 82 - 89Publisher: Cambridge University PressPrint publication year: 2021