Thomas Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration. He serves on the editorial board of La Revue de L'Arbitrage and is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau was formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.
I. THE GROUNDWORK FOR THE DECISION The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution.1 Entreaties to foster the collaboration of national courts usually supplement analyses of the historical evolution and contemporary status of international arbitral law. Commentators apparently are reluctant to note or suggest restraints. The consideration of limits on the creative handiwork of national courts and international merchants might sully the merits of the appraisal or, worse, impede the growth of an institution destined to advance international commercial interests.