Towards a Transnational Procedural
Fernando Mantilla-Serrano ∗
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?"
Anne-Véronique Schlaepfer, Philippe Pinsolle, Louis Degos
TRANSNATIONAL RULES APPLIED TO THE MERITS OF A DISPUTE
Public and Mandatory Law in International Arbitration
The Contribution of Arbitral Case Law and National Laws
Recent Codification Efforts: An Assessment
The Recognition of Transnational Rules by National Courts
EMERGING TRANSNATIONAL RULES OF A PROCEDURAL NATURE
Matthieu de Boisséson
Transnational Rules on the Taking of Evidence
Solutions Offered by Transnational Rules in Case of Interference by the Courts of the Seat
Towards a Transnational Procedural Public Policy
IS THERE A STANDARD ARBITRATION PROCEDURE?
Is the Arbitral Procedure Still Reserved for Parties Alone?
IS THERE SUCH THING AS ARBITRAL "JURISPRUDENCE"?
Albert Jan van den Berg
Do Arbitral Awards Constitute Precedents?
Should Commercial Arbitration be Distinguished in this Regard from Arbitration Based on Investment Treaties?
Consistency of Awards in Cases of Parallel Proceedings Concerning Related Subject Matters
D. Brian King
Typology of Swiss Case Law on Selected Issues
List of Participants (YAP First European Colloquium held in Paris on March 28, 2003)br>
List of Participants (YAP Second European Colloquium held in Geneva on March 26, 2004)