An Interlegality of International Commercial Arbitration
Article from: TDM 4 (2008), in Arbitrator Bias
Introduction
This paper addresses the evolving standards of independence and impartiality that are central to the selection of arbitrators in international commercial arbitration, and I locate my presentation in the region of what Santos calls "interlegality." [1] Santos argues that we live in a time of porous legality or of legal porosity, of multiple networks of legal orders forcing us to constant transitions and trespassings.[2] Elsewhere I have noted that in the interests of economic competitiveness and growth, developing states are decentralizing, deregulating and ...