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The Consequences Of The Representations Of International Arbitration

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Chapter Summary

The representation of international arbitration has immediate repercussions in situations in which arbitrators must define the restrictions to party autonomy with respect to the determination of the rules applicable to the merits of the dispute. The first representation of international arbitration was adopted by the Geneva Protocol on Arbitration Clauses of September 24, 1923. The second, Westphalian, representation of international arbitration emphasizes the fact that number of States have an equal title to impose their views on the arbitral process, be it as regards the conduct of the arbitration or the solutions reached in relation to the merits of the dispute. The third representation of international arbitration, which accepts the idea of the existence of an arbitral legal order. It addresses the question of possible limitations to party autonomy in the determination of the law applicable to the merits through concept of transnational public policy or truly international public policy.

Keywords: international arbitration; international public policy; Westphalian representation



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