Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-25T15:35:38.769Z Has data issue: false hasContentIssue false

5 - The Special Case of International Commercial 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

Arbitration is widely used in the international commercial arena. When contracting parties come from different countries, arbitration is often selected to adjust contractual disputes. One of the reasons for this preference has to do with the adoption in 1958 of the New York Convention, which effectively secures the enforcement of arbitral agreements and awards. Another reason is that arbitration enables the parties to create a neutral forum, detached from local courts, for transborder controversies to get adjudicated in an impartial manner. The argument that courts may be biased against ousiders raises interesting issues about the best ways to guarantee impartiality in a world where nationality seems to matter. International commercial arbitration also poses questions concerning the role of arbitrators in the lawmaking process. Are arbitrators generating a body of transnational law that is autonomous from democratically-enacted national legislation?

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
×