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Three Philosophies Of International Arbitration

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Chapter Summary

International arbitration is about settling disputes between businesses, occasionally between businesses and States or State entities. Philosophy, on the other hand, purports to offer an understanding of the world; in the field of law, an understanding of the origin and nature of the norms, and the manner in which they interact within a legal system. This chapter discusses the three competing philosophies, three representations of international arbitration. The first is the one equating the arbitrator with the local judge of the place of arbitration. The second representation has operated a Copernician revolution visà-vis the first, in that it looks at the whole arbitral process through the end result, namely the fact that the award will be recognized in a number of countries if it meets the prescribed conditions in those countries. The third representation contemplates the States collectively, not individually.

Keywords: arbitral process; arbitrator; Copernician revolution; international arbitration; legal system; philosophies; settling disputes

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