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The Allocation of Power between Arbitral Tribunals and State Courts


ISBN13: 9789004388918
Published: November 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback, Pocketbook
Price: £18.00



Despatched in 10 to 12 days.

The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals. If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from?

Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering 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.

Alan Scott Rau holds the Mark G. and Judy G. Yudof Chair of Law at the University of Texas, where he has taught Contracts, Sales, Arbitration and Alternative Dispute Resolution. He has also taught as a Visiting Professor at the University of Toronto, the China University of Political Science and Law in Beijing, the University of Geneva, and the University of Paris-I and Paris-II. Rau is a prolific author of articles and contributions to books dealing with international arbitration.

Series: Pocketbooks of the Hague Academy of International Law

"Soft Law" in International Commercial Arbitration ISBN 9789004462892
Published April 2021
Brill Academic Publishers
£15.00
Procedure and Substance in International Environmental Law ISBN 9789004444379
Published December 2020
Brill Nijhoff
£18.00
£18.00
Treaties and their Practice: Symptoms of Their Rise or Decline ISBN 9789004394568
Published January 2019
Brill Nijhoff
£15.00
International Law Relating to Islands ISBN 9789004361539
Published February 2018
Brill Nijhoff
£18.00
International Arbitration and Private International Law ISBN 9789004348257
Published June 2017
Brill Nijhoff
£18.00
The Law of Global Governance ISBN 9789004279117
Published July 2014
Brill Nijhoff
£15.00
The Secession of States and Their Recognition in the Wake of Kosovo ISBN 9789004257481
Published August 2013
Brill Nijhoff
£15.00
Non-discrimination in the World Trade Organization ISBN 9789004233140
Published July 2012
Brill Nijhoff
£18.00
Private International Law as Component of the Law of the Forum ISBN 9789004226340
Published January 2012
Brill Nijhoff
£18.00
£18.00
£18.00
International Humanitarian Law: Theory, Practice, Context ISBN 9789004179103
Published July 2011
Brill Academic Publishers
£18.00
Lis Pendens in International Litigation ISBN 9789004179097
Published September 2009
Brill Academic Publishers
£15.00
Aspects Philosophiques du Droit de l'Arbitrage International ISBN 9789004171480
Published July 2008
Brill Academic Publishers
£15.00
£15.00