What is the Basis for the Validation Principle in International Arbitration?
The validation principle has been framed in both positive and negative terms. The former seeks to impute an implied choice of law that would validate the arbitration agreement while the latter operates to negate an implied choice of law that
The Institutional Perspective: Invaluable Lessons from Inside an Arbitral Institution
With the rise of international arbitration in the global economy, young practitioners have been drawn to the practice area in droves, competing in moot court competitions during law school like the annual Willem C. Vis International Commercial Arbitration Moot and
Limits to Party Autonomy in International Commercial Arbitration
Party autonomy is one of the most attractive features of international arbitration. However, parties do not have absolute freedom to determine the arbitration process. As this article will show, the extent of the parties’ freedom to structure the proceedings depends
International Arbitration – The German Model
International arbitration seems predominantly common law oriented and resembles increasingly American-style Court proceedings. It is therefore no wonder that over the years the various Queen Mary studies identify the same short-comings of international arbitration proceedings (ie, time and costs). As
A Grain of Civil Law – Some (Not So) New Chords for the International Arbitration Jazz
In this article, we argue that making a stronger effort to converge the best aspects of civil and common law procedure would help tackle one of the most urgent challenges that international arbitration is faced with today: overly lengthy and