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Towards A Uniform International Arbitration Law?
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Towards a Transnational Procedural
Public Policy
Fernando Mantilla-Serrano ∗
I. INTRODUCTION
The topic, "Towards a Transnational Procedural Public
Policy," may appear on its face to be a narrow one, but in fact it is
wide and rich. The focus I will give the subject in this article is
two-fold. First, as an objective exercise, I will briefly define the
scope of the topic and identify the uniform principles with regard
to the public policy that currently limits or shapes international
arbitral procedure.1 Then, as a prescriptive exercise, I will
comment on how the international arbitration community--
meaning not only the institutions but also the arbitrators and the
practitioners themselves--safeguards those principles in
conjunction with the ever-present goals of (i) preserving the
autonomy of the parties,2 (ii) maintaining the comparative ease and
efficiency of the arbitral process3 and (iii) promoting the finality
and integrity of arbitral awards4--three of the principal buttresses
of the international arbitration edifice.
Full Table of Contents from "Towards A Uniform International Arbitration Law?"
FOREWORD
Anne-Véronique Schlaepfer, Philippe Pinsolle, Louis Degos
PART I
TRANSNATIONAL RULES APPLIED TO THE MERITS OF A DISPUTE
Introductory Note
Laurent Lévy
Public and Mandatory Law in International Arbitration
Daniel Hochstrasser
The Contribution of Arbitral Case Law and National Laws
Marc Henry
Recent Codification Efforts: An Assessment
Stephen Jagusch
The Recognition of Transnational Rules by National Courts
Matthias Scherer
PART II
EMERGING TRANSNATIONAL RULES OF A PROCEDURAL NATURE
Introductory Note
Matthieu de Boisséson
Transnational Rules on the Taking of Evidence
Pierre-Yves Gunter
Solutions Offered by Transnational Rules in Case of Interference by the Courts of the Seat
Constantine Partasides
Towards a Transnational Procedural Public Policy
Fernando Mantilla-Serrano
PART III
IS THERE A STANDARD ARBITRATION PROCEDURE?
Introductory Note
Wolfgang Peter
Is the Arbitral Procedure Still Reserved for Parties Alone?
Xavier Favre-Bulle
PART IV
IS THERE SUCH THING AS ARBITRAL "JURISPRUDENCE"?
Introductory Note
Albert Jan van den Berg
Do Arbitral Awards Constitute Precedents?
Should Commercial Arbitration be Distinguished in this Regard from Arbitration Based on Investment Treaties?
Pierre Duprey
Consistency of Awards in Cases of Parallel Proceedings Concerning Related Subject Matters
D. Brian King
Annexes
Annex
Typology of Swiss Case Law on Selected Issues
Annex 2
List of Participants (YAP First European Colloquium held in Paris on March 28, 2003)br>
Annex 3
List of Participants (YAP Second European Colloquium held in Geneva on March 26, 2004)