Explaining Arbitration Law
Forthcoming in SELECTED TOPICS IN INTERNATIONAL ARBITRATION, Chartered Institute of Arbitrators: Centennial Liber Amicorum (2015)
20 Pages Posted: 15 Oct 2014 Last revised: 17 Oct 2015
Date Written: October 7, 2014
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: Suggested Citation