Chapter 5 - International Arbitration Law - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
5.1. Analysis as to the Existence of an International Arbitration Law
The query as to whether an international arbitration law exists, or whether it is just a non legal term, is legitimate.
According to an old opinion,1
“In the legal sense, no international arbitration exists …. Every arbitration is a national arbitration, that is to say subject to a specific system of national law.”
This view conforms with the opinion of the Paris Court of Appeal on international public policy in Banque Ottomane,2 which refers to “the principles of an alleged international public policy, the existence of which is not recognised by any system of law and in particular not by French law. …”
This approach was understandable during the post Second World War years, when many countries had to recover psychologically from the war by raising walls against the external world. But after that time international trade and transnational exchanges of cultures made people understand that the medieval notion of countries as secluded castles was out of date.
CHAPTER 5: INTERNATIONAL ARBITRATION LAW
5.1 Analysis as to the Existence of an International Arbitration Law
5.2 The Two Branches of International Arbitration Law
Public International Arbitration Law
5.3 Public International Arbitration Law
International Private Arbitration
5.4 International Private Arbitration Law
5.4.1 A Fragmentary Body
5.4.2 Multilateral Conventions
5.4.3 Bilateral Conventions Dealing with Arbitration
5.4.4 Other International Conventions which Affect Arbitration
5.4.5 National Provisions Dealing with Transnational Arbitration
5.4.6 International Arbitration Rules
5.4.7 Consolidated Principles of International Commercial Arbitration
5.4.8 Substantive Rules of Private International Law