Full Description
The Transnational Codification of International Arbitration studies the process of transnational codification of international arbitration. Through a broad array of instruments and their legislative history, this research connects agents and ideas involved in a long-term project of procedural formalization. Bruno Sousa Rodrigues argues that since the late 19th century there has been a progressive convergence of procedural technique of public and private forms of international arbitration, motivated by an ambition to govern war, peace and commerce. Readers get an in-depth look at how this convergence has affected the authority of international arbitration in a globalized administration of justice.
Contents
Acknowledgements
Defined Terms
1 Introduction
2 Methodological Remarks
1 Cosmopolitanism, Transnational Law and Transnational Arbitration
1.1 Arbitration as Part of the Transnational Administration of Justice
1.2 A Diachronic Perspective on Transnational Arbitration
2 Authority, Symbolic Struggle and Codification
2.1 The Adversarial Turn: Authority beyond Legitimate Power
2.2 The Authority of Arbitration and the Struggle for the Codification of Arbitral Procedure
3 Great Transformations
1 Sowing the Seeds of Uniformity in International Arbitration
1.1 An Early Procedural Code for International Arbitration
1.2 The Institut de droit International and the Uniformization of Private International Law
2 In the Shadows of War
2.1 An Alternative to War: the Creation of the Permanent Court of Arbitration
2.2 From Public to Private International Arbitration: the Use of Arbitration for the Collection of International Debt
3 Uniform Commercial Law and Private International Arbitration
3.1 The Procedural Turn in Business Diplomacy
3.2 The Quest for Uniformity in Private International Arbitration
4 The Promises of the Interwar Years
1 Private International Arbitration before the League of Nations
1.1 The Expansion of Arbitral Authority through Standard Clauses
1.2 At the Crossroads of Geneva and the Hague: an Emerging Transnational Division of Labour between Courts and Arbitral Tribunals
2 Mobilizing Arbitration for the Administration of War and Peace
2.1 The Economic Settlement of World War I
2.2 The Stillborn Procedure of Compulsory Arbitration
3 Not All Roads Lead to Rome
3.1 The Failure of the UNIDROIT Project of Uniform Arbitration Law
3.2 The Expansion of Non-State Codification of Arbitral Authority
5 The Illusion of Fragmentation
1 New Forum Old Practices
1.1 A Renewed Quest for a Codified Procedure
1.2 A Star is Born: the Creation of ICSID
2 Hybrid Codification at the United Nations
2.1 Piercing the Iron Curtain at New York
2.2 UNCITRAL as a Privileged Locus for the Codification of Arbitral Authority
6 Conclusion
Bibliography
Index
