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The Representations Of International Arbitration

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Chapter Summary

This chapter focuses on various representations of international arbitration. The first representation that accounts for international arbitration in a comprehensive manner simply assimilates the arbitrator to a national judge exercising his or her function within a single national legal order, that of the seat of the arbitration. The second representation of international arbitration considers that the source of juridicity of an award does not derive from a single legal order that of the seat but rather from all legal orders that are willing, under certain conditions, to recognize the effectiveness of the award. The third representation is that which accepts the idea that the juridicity of arbitration is rooted in a distinct, transnational legal order, that could be labeled as the arbitral legal order, and not in a national legal system, be it that of the country of the seat or that of the place or places of enforcement.

Keywords: enforcement; international arbitration



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