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.
With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes.1 In fact, among major Western legal systems such as those of England, the United States and France,2 statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication.3 This recognition of arbitration has resulted in the elaboration of agreed upon rules, relating to arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a normative procedural policy of transnational proportions.
A fully functional transnational adjudicatory process, however, must not only provide certainty as to remedial relief but also fulfill a substantive mission. Professor Rene David properly characterizes the implications of the continued evolution of the international abitral process when he states: