Arbitration and Law
Document Type
Book Chapter
Publication Date
2020
Editor(s)
Thomas Schultz & Federico Ortino
ISBN
9780198796190
Publisher
Oxford University Press
Language
en-US
Abstract
This chapter discusses the relationship between arbitration and law. Three sets of questions present themselves with respect to the role of law in arbitration. The first relates to arbitration’s legal framework. The second relates to the specific procedures by which arbitration proceedings unfold, for example, in presenting evidence or organizing oral hearings. The third implicates the arbitrator’s evaluation of the merits of the disputes itself. Although separate, the three dimensions of law support each other in promoting the efficiency, fairness, and legitimacy of cross-border dispute resolution. Performance of the arbitrator’s function thus falls within a framework of cases, statutes, and treaties seeking balance between two goals: (i) to prevent disregard of an arbitration commitment; while at the same time (ii) to monitor the arbitral process for conformity to recognized notions of procedural fairness
Recommended Citation
William W. Park,
Arbitration and Law
,
in
The Oxford Handbook of International Arbitration
(Thomas Schultz & Federico Ortino ed.,
2020).
Available at:
https://doi.org/10.1093/law/9780198796190.003.0002
