Explore the void - an evaluation of arbitration theories: Part 2

Citation

Yu H (2005) Explore the void - an evaluation of arbitration theories: Part 2. International Arbitration Law Review, 8 (1), pp. 14-22.

Abstract
In this, the second of a two part article, theories of arbitration adopted by national courts in relation to international commercial arbitration are discussed. Considers: (1) the hybrid theory which combines both jurisdictional and contractual elements in the operation of international commercial arbitration; (2) the autonomous theory which is based on practical aspects of arbitration and; (3) the concession theory which relies on the concession power given by the states to achieve a successful arbitration mechanism.

Keywords
Arbitration agreements; Arbitrators; Immunities; International commercial arbitration

Journal
International Arbitration Law Review: Volume 8, Issue 1