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The Self-Styled 'Autonomy' Of International Arbitration, George A. Bermann
The Self-Styled 'Autonomy' Of International Arbitration, George A. Bermann
Faculty Scholarship
Among international legal regimes, international arbitration has traditionally claimed for itself a remarkable degree of autonomy from other international regimes, an autonomy that enables it to enjoy a remarkable measure of self-determination. Its assertions of autonomy take a number of different forms and exhibit considerable resilience. Autonomy does allow international arbitration to develop in accordance with norms that are specific to it, but it also poses challenges that need, even for international arbitration’s own well-being, to be acknowledged and addressed.
"International Standards" As A Choice Of Law Option In International Arbitration, George A. Bermann
"International Standards" As A Choice Of Law Option In International Arbitration, George A. Bermann
Faculty Scholarship
A steady preoccupation of international arbitration has been the extent to which international arbitral tribunals should distance themselves in their conduct and practices from the conduct and practices of national courts. That distance is noticeably variable as one moves from one aspect of the adjudicatory process to another. Variable as well among aspects of the adjudicatory process is the degree of consensus as to what that distance on any given issue should be.