The allocation of power between arbitral tribunals and state courts
By: Alan Scott Rau
Series: Pocketbooks of the Hague Academy of International Law
Publisher: Brill Nijhoff
Published: 2018
Place of publication: Leiden
Language: eng
Number of pages: 599
ISBN-13: 9789004388918
Subjects: International commercial arbitration; Conflict of laws; Arbitration and award
Description: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral0tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ?0Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private0ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that "consent" which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the "chosen law" that will govern the agreement to arbitrate itself.
Notes: "Full text of the lecture published in June 2018 in the Recueil des cours, Vol. 390."--Page [2].

Includes bibliographical references.