Private-Public Interaction in Global Governance: The Case of Transnational Commercial Arbitration

Business and Politics, Vol. 12, No. 3, Article 10, 2010

UC Irvine School of Law Research Paper No. 2012-18

30 Pages Posted: 23 Apr 2012  

Christopher A. Whytock

University of California, Irvine, School of Law

Date Written: 2010

Abstract

Scholars of international relations and global governance are increasingly interested in the transnational commercial arbitration system. So far, they have tended to characterize the system as a form of private global governance. However, using a combination of empirical and legal analysis, this article draws attention to the critical role of the state in the transnational commercial arbitration system, and shows that both rule-making and enforcement in the system depend largely on interactions between private and public actors. By treating arbitration as a form of private governance, scholars run the risk of obscuring these interactions and hindering their understanding of how transnational economic activity is governed. This article therefore argues for a modest reorientation of global governance scholarship on transnational commercial arbitration in a direction that focuses more closely on private-public interaction. More broadly, this article suggests that understanding interactions between private and public actors is a key to understanding global governance in general, and it raises doubts about the analytical desirability of a sharp distinction between private and public forms of global governance.

Keywords: Global Governance, Private Governance, Private Ordering, Private Regulation, Arbitration, Transnational Arbitration, Transnational Commercial Arbitration, International Arbitration, International Commercial Arbitration, Dispute Resolution, International Law, Courts, International Law, Transnational

Suggested Citation

Whytock, Christopher A., Private-Public Interaction in Global Governance: The Case of Transnational Commercial Arbitration (2010). Business and Politics, Vol. 12, No. 3, Article 10, 2010; UC Irvine School of Law Research Paper No. 2012-18. Available at SSRN: https://ssrn.com/abstract=2034561

Christopher A. Whytock (Contact Author)

University of California, Irvine, School of Law ( email )

401 East Peltason Drive, Suite 1000
Irvine, CA 92697-8000
United States
(949) 824-0496 (Phone)

HOME PAGE: http://www.law.uci.edu

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