Explaining Arbitration Law

Park, William W.

Explaining Arbitration Law

Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators, Chartered Institute of Arbitrators: Centennial Liber Amicorum, 2015, Forthcoming

Boston Univ. School of Law, Public Law Research Paper No. 15-42

17 Pages Posted: 18 Oct 2015

See all articles by William W. Park

William W. Park

Boston University - School of Law

There are 2 versions of this paper

Date Written: October 16, 2015

Abstract

Most fields of law provide guidance on how courts decide cases. In contrast, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants.

At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains to arbitrate; second, to monitor the basic integrity of the arbitral process, so the case will be heard by a fair tribunal that listens before deciding, stays within its mission, and respects the limits of relevant public policy. As we shall see, in applying these principles, the devil lurks in the details of each award, ruling or contract.

Keywords: arbitration, choice of law, international law, jurisdiction, due process

JEL Classification: K19, K39, K49

Suggested Citation: Suggested Citation

Park, William W., Explaining Arbitration Law (October 16, 2015). Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators, Chartered Institute of Arbitrators: Centennial Liber Amicorum, 2015, Forthcoming; Boston Univ. School of Law, Public Law Research Paper No. 15-42. Available at SSRN: https://ssrn.com/abstract=2675268