Introduction

Arbitration is a creature of contract. This is the number one unshakeable and non-derogable rule of international commercial arbitration...or is it not? The basic notion of the book Rethinking International Commercial Arbitration Towards Default Arbitration by Gilles Cuniberti is that the majority of international commercial disputes are settled through arbitration and thus it should be a default forum for hearing such cases. Currently, the gateway to arbitration lies in an agreement that parties will resolve their disputes in arbitration and not in national courts. ...