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The autonomy of international arbitration revisited

Marzal, T. (2024) The autonomy of international arbitration revisited. Indian Journal of Arbitration Law, 12(1), pp. 1-20.

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Abstract

This Editorial seeks to describe how international arbitral practice, and its various claims to autonomy, have been shaped by competing visions, whose influence varies depending on changing environments, in ways that ultimately determine the field’s development and driving preoccupations. The concept of autonomy is omnipresent in arbitration scholarship and touted as central to the field’s existence. Common accounts tend however to only emphasise the degree to which international arbitration evolves freely from State control. In so doing, they pass over the specific and evolving visions that support claims to autonomy from national legal systems, as well as how such claims serve to re-embed arbitral practice in alternative non-State normativities. Two such competing visions will be identified: the first, more prevalent in an earlier period, presented autonomy as the reflection of a distinct sociological reality (that specific to commercial actors engaged in cross-border trade); the second, more popular today, largely understands autonomy as a function of self-sustaining legal principles that are not specific to international arbitration, but the expression of globally extensive and universally valid ideas of justice.

Item Type:Articles (Editorial)
Additional Information:The research that informs this article has been made possible by the award of a Leverhulme Research Fellowship, and the author is very grateful to the Leverhulme Trust for their support.
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Marzal, Dr Antonio
Authors: Marzal, T.
College/School:College of Social Sciences > School of Law
Journal Name:Indian Journal of Arbitration Law
Publisher:Centre for Advanced Research and Training in Arbitration Law, National Law University
ISSN:2320-2815
ISSN (Online):2320-2823
Copyright Holders:Copyright © 2024 Centre for Advanced Research and Training in Arbitration Law, National Law University
First Published:First published in Indian Journal of Arbitration Law 12(1):1-20
Publisher Policy:Reproduced with the permission of the publisher
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