Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-22T17:10:54.028Z Has data issue: false hasContentIssue false

1 - The Liberal Case for Arbitration

from Part I - Arbitration and Private Law

Published online by Cambridge University Press:  11 March 2021

Victor Ferreres Comella
Affiliation:
Universitat Pompeu Fabra, Barcelona
Get access

Summary

In a liberal political regime, individuals are accorded a basic right to private autonomy. Individuals are assumed to be the best judges of their own interests in most contexts, under appropriate conditions of rationality. They can thus enter into legal relationships with others and shape the content of those relationships in the form of specific rights and obligations. Private autonomy supports the recognition of the right to arbitration. Private parties should be entitled to opt for arbitration to settle controversies involving their own interests. Arbitration, moreover, offers potential advantages over litigation in court, having to do with specialization and expertise, procedural flexibility, speed, privacy and confidentiality. Arbitration is grounded in private autonomy, not on utilitarian considerations. The right to arbitration is not absolute, of course. The state is authorized to place restrictions on it, in the name of public interests and values. But the state bears a burden of justification.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×