The Allocation of Power Between Arbitral Tribunals and State Courts / / Alan Scott Rau.

• Superior document: The Pocket Books of the Hague Academy of International Law / les Livres de Poche de l'Académie de Droit International de la Haye Series ; Volume
• VerfasserIn: Rau, Alan Scott, 1942-
• Place / Publishing House: Leiden, Netherland : : Martinus Nijhoff Publishers,, [2018]; ©2018
• Year of Publication: 2018
• Edition: First edition.
• Language: English
• Series: Pocketbooks of the Hague Academy of International Law ; Volume 34.
• Physical Description: 1 online resource.
• Notes: "Full text of the lecture published in June 2018 in the Recueil des cours, Vol. 390."--Page [2]

The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

Table of Contents

Preliminary Material -- Dimensions of the problem : “consent” and agreement -- The unmysterious notion of “separability” -- The spectrum of “consent” : third parties, “preconditions”, and remedies -- “Party autonomy” and contractual reallocation of power -- “Party autonomy” and the choice of law -- About the Author -- Publications of the hague academy of international law -- Printing Information.