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25 - Divergence, Themes, and Trends in National Arbitration Laws

from Part V - Summary and Findings

Published online by Cambridge University Press:  08 October 2020

By
Larry A. DiMatteo ,
Marta Infantino  and
Nathalie M-P Potin
Edited by
Larry A. DiMatteo ,
Marta Infantino  and
Nathalie M-P Potin
Larry A. DiMatteo
Affiliation:
University of Florida
Marta Infantino
Affiliation:
University of Trieste
Nathalie M-P Potin
Affiliation:
Lyon Catholic University
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Summary

This chapter acts as a capstone to Part IV’s presentation of country reports. It presents the findings of a comparative analysis of arbitration laws in the different countries reported. This analysis focuses on the different issues presented in Parts I–III, including scope and interpretation of arbitration clauses, anti-arbitration laws and policies, arbitrator bias and misconduct, the public policy exception, and other limits on arbitrability. Thus, the country reports are reviewed here to determine areas of commonality and divergences across national laws relating to judicial intervention into the arbitration process. It will also assess possible trends in international commercial arbitration.

Keywords

hard and soft lawconvergencedivergenceUNCITRAL Model Lawdualist arbitration systemunitary arbitration systemsetting aside arbitral awardsarbitrator biasjustifiable doubtsconflicts of interestarbitrator misconductanti-arbitration policyconsumer arbitration
Type
Chapter
Information
The Cambridge Handbook of Judicial Control of Arbitral Awards , pp. 417 - 442
Publisher: Cambridge University Press
Print publication year: 2020

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