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
5 - The Role of the Lex Arbitri
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
It is often affirmed that international arbitration does not have a forum. This statement can be seen as one of the manifestations of the doctrine that considers arbitration as a purely international phenomenon, detached from national laws. I have criticised this doctrine in many writings and will not repeat my arguments here.1 What this chapter deals with is one specific aspect, namely the significance for international arbitration of the arbitration law of the country in which the arbitral tribunal has its formal seat, the lex arbitri. The analysis will show that the statement according to which arbitration has no forum cannot de understood to mean that the lex arbitri has no significance for arbitration.
- Type
- Chapter
- Information
- The Cambridge Companion to International Arbitration , pp. 97 - 114Publisher: Cambridge University PressPrint publication year: 2021