In “What Does it Mean to Be ‘Pro-Arbitration’?” (2018) 34 Arbitration International 341–353, Professor Bermann argued that:
1. a rule or practice associated with international arbitration is “pro-arbitration” to the extent that it advances international arbitration’s interests (at 342);
2. these interests are not limited to virtues traditionally associated with arbitration-friendliness. They include the promotion of values extrinsic to international arbitration if that increases the legitimacy of international arbitration (at 349–352); and
3. it may be that a rule or practice is “pro-arbitration” when viewed through one lens, but arbitration-unfriendly when viewed through another. However, “acknowledging legitimacy—measured in terms of extrinsic values—as in itself a pro-arbitration attribute may be among the most arbitration-friendly moves one can make” (at 353).