Explaining Arbitration Law

Forthcoming in SELECTED TOPICS IN INTERNATIONAL ARBITRATION, Chartered Institute of Arbitrators: Centennial Liber Amicorum (2015)

Boston Univ. School of Law, Public Law Research Paper No. 14-56

20 Pages Posted: 15 Oct 2014 Last revised: 17 Oct 2015

See all articles by William W. Park

William W. Park

Boston University - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 7, 2014

Abstract

A tentative explanation of arbitration law might begin with recognition of the tension between two sets of expectations. First, courts should give effect to arbitration commitments obtained through informed consent. Second, judges must monitor arbitration’s basic procedural integrity, which includes impartial arbitrators who hear before deciding and respect both contractual limits of their authority and relevant public policy. The role of arbitration law thus aims to enhance the rule of law in its broadest sense, seeking balance between respect for parties’ agreement and the correlative judicial duty to monitor fairness in the process.

Keywords: arbitration, international arbitration, informed consent, procedural integrity, judges versus private decision-makers

JEL Classification: K19, K39, K49

Suggested Citation

Park, William W., Explaining Arbitration Law (October 7, 2014). Forthcoming in SELECTED TOPICS IN INTERNATIONAL ARBITRATION, Chartered Institute of Arbitrators: Centennial Liber Amicorum (2015); Boston Univ. School of Law, Public Law Research Paper No. 14-56. Available at SSRN: https://ssrn.com/abstract=2506785

William W. Park (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-3149 (Phone)
617-353-3077 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
141
Abstract Views
936
rank
104,700
PlumX Metrics