Jump to ContentJump to Main Navigation
Private International Law and Global Governance$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 24 April 2019

Private Adjudication Without Precedent?

Private Adjudication Without Precedent?

Chapter:
6 Private Adjudication Without Precedent?
Source:
Private International Law and Global Governance
Author(s):

Diego P Fernández Arroyo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0007

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .