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from Part II - International Commercial Arbitration as a Transnational Justice System
Published online by Cambridge University Press: 08 October 2021
Arbitration is often called autonomous – either as a description of reality, or as a desirable situation. This is not at all an uncomplicated claim. What do such claims for autonomous arbitration mean? How does it fit with the history of law and state? Does autonomy exist in practice? Is it conceivable or desirable in theory? And if not, how should we understand the idea of autonomous arbitration instead? These are questions that this chapter addresses, on the basis of well-known debates and topics. The result is that autonomy of arbitration does not exist and probably could not exist. What proponents of autonomy really defend is a particular position for international arbitration.
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