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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Private Adjudication Without Precedent?

Private Adjudication Without Precedent?

6 Private Adjudication Without Precedent?
Private International Law and Global Governance

Diego P Fernández Arroyo

Oxford University Press

Arbitration has become the common method to settle disputes arising in a wide range of fields related to global trade. Even issues affecting general interests and, directly or indirectly, human rights, are currently submitted to arbitration. Given the importance of arbitration, the confidentiality that has characterized arbitration proceedings to date is increasingly being brought into question. A trend towards more transparency can be observed, notably within international investment and sport arbitrations, despite a certain political reluctance, technical or operative obstacles. Within the framework of the ‘arbitral world’, the issue at stake is to identify the level of inconsistency that international arbitration can afford itself, at a time when it claims to be a true legal order, and has indeed become, not only the common mechanism of dispute settlement in commercial conflict of laws, but also the supplier of justice regarding major private and public-private disputes in general.

Keywords:   precedent, arbitration, consistency, confidentiality, transparency

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