Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Book Chapter

Publication Date

10-2015

Publisher

Boston University School of Law

Language

en-US

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.

Comments

Published as: "Explaining Arbitration Law," in Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators, Julio César Betancourt, ed., Oxford University Press (2016). [Centennial Liber Amicorum]

Find on SSRN

Included in

Jurisdiction Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.