Short Reflections on the Pro-Arbitration Character of a Pre-Dispute Waiver of the Right to Appeal a Judgment Confirming or Vacating an Arbitration Award and of the Right to Resist Recognition and Enforcement Under Article V(1) of the New York Convention - Chapter 41 - Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years

This short essay addresses whether a pre-dispute arbitration agreement containing a double waiver clause—a waiver of the right to appeal a judgment confirming or vacating an arbitration award in conjunction with a waiver of the right to resist recognition and enforcement under Article V(1) grounds set out in the New York Convention—serves to advance international arbitration’s purposes by decreasing the level of judicial intervention in the arbitral process. Applying Professor’s Bermann descriptive framework for measuring the pro-arbitration character of a policy or practice, we conclude that the hypothetical clause discussed here distinctly serves international arbitration’s well-being.