Originally from American Review of International Arbitration

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The reflections which I propose that we share today concern arbitration and our territory. Much has been and is being written in this respect. It is frequently said that one does not see a tree because his/her attention is absorbed by the forest. Others do not see the forest because they concentrate too much on a single tree. I would propose another metaphor:  We do not know a tree if we are unable to understand its roots. I suggest, then, that we try to dig in this direction in the ground of arbitration.

I. ARBITRATION AS PRIVATE JUSTICE INCORPORATED BY THE STATE

A first step of our research may consist in identifying the perimeter of our reflections: First, a finding that, beyond many subtle distinctions, arbitration is a private jurisdiction, which legal systems incorporate, granting to their courts the authority to confirm or set aside the arbitral award.

This has brought some legal systems even to view the relationship between arbitral tribunals and state courts in terms of distribution amongst them of the State’s power to decide disputes, and not to consider arbitral tribunals as belonging to a separate domestic jurisdiction.