LAWS 2281

Over the past two decades, there has been a significant increase in the number of cross-border commercial agreements that provide for international arbitration of the parties’ disputes. The study and practice of international arbitration is distinct to that of domestic litigation and, today, an understanding of international arbitration is essential for both transactions and disputes. On a practical level, for transactions, it is important to be able to negotiate arbitration clauses, while for disputes, advocates must understand the laws, rules, and practices of the various arbitral “seats” worldwide. More academically, international arbitration represents an area where states permit private parties to appoint private individuals (called arbitrators) to exercise judicial functions and decide on matters involving important parties, complex issues, and significant sums of money. This allowance gives rise to questions about the authority of these arbitrators and how far their reach extends.