International Arbitration's Public Realm

CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION: THE FORDHAM PAPERS, Martius Nihoff Publishers, 2010

The Pennsylvania State University Legal Studies Research Paper No. 3-2011

20 Pages Posted: 24 Jan 2011 Last revised: 3 Mar 2011

See all articles by Catherine A. Rogers

Catherine A. Rogers

Pennsylvania State University, Penn State Law; CCLS, Queen Mary University of London

Date Written: June 10, 2010

Abstract

Domestic arbitration is under attack as permitting repeat players to evade mandatory statutory law, as retarding legal developments, as undermining democratic lawmaking, and ultimately as imposing substantively biased outcomes on less sophisticated parties through contracts of adhesion. Collectively, these critiques of domestic arbitration could be interpreted as suggesting that domestic arbitration seeks to obviate or even subvert public interests and the public realm. The thesis of this chapter is that, in contrast to criticisms of domestic arbitration, international arbitration has a vibrant public realm. International arbitration produces public goods and has the potential to go beyond simply resolving disputes. It can promote international cooperation, improve transnational governance and contribute to the development of an international rule of law.

Keywords: international arbitration, public goods, international justice, transnational governance, rule of law, international adjudication, international tribunal

Suggested Citation

Rogers, Catherine A., International Arbitration's Public Realm (June 10, 2010). CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION: THE FORDHAM PAPERS, Martius Nihoff Publishers, 2010; The Pennsylvania State University Legal Studies Research Paper No. 3-2011. Available at SSRN: https://ssrn.com/abstract=1746189

Catherine A. Rogers (Contact Author)

Pennsylvania State University, Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

CCLS, Queen Mary University of London ( email )

Charterhouse Square
London, EC1M 6AX
United Kingdom

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