Jump to ContentJump to Main Navigation
International Arbitration and Global GovernanceContending Theories and Evidence$
Users without a subscription are not able to see the full content.

Walter Mattli and Thomas Dietz

Print publication date: 2014

Print ISBN-13: 9780198716723

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780198716723.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Private Justice, Public Policy: The Constitutionalization of International Commercial Arbitration

Private Justice, Public Policy: The Constitutionalization of International Commercial Arbitration

Chapter:
(p.117) 5 Private Justice, Public Policy: The Constitutionalization of International Commercial Arbitration
Source:
International Arbitration and Global Governance
Author(s):

Moritz Renner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716723.003.0005

Arbitration has become the accepted method of resolving cross-border disputes in international commerce. Commercial actors prefer arbitration over litigation because they consider the arbitral procedure superior in terms of confidentiality, efficiency, flexibility, neutrality, and costs. However, the opting out of the domestic legal system by way of private agreements is often regarded as problematic with a view to public policy issues: While domestic courts are bound to domestic public policies and constitutions, the status of public policy in international arbitration as a “private justice system” is highly disputed. This chapter argues that international commercial arbitration increasingly addresses this problem in a move of self-constitutionalization. It traces how arbitral practice gradually establishes a hierarchy of legal norms that integrates both transnational and domestic public policy concepts. This hierarchy of norms forms the core of an emerging constitutional order beyond the nation-state.

Keywords:   public policy, self-constitutionalization, international commercial arbitration, hierarchy of legal norms

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 .