Total separation of international commercial arbitration from national legal regime

Citation

Yu H (1998) Total separation of international commercial arbitration from national legal regime. Journal of International Arbitration, 15 (2), pp. 145-166.

Abstract
First paragraph: Arbitration, unlike national court systems, is a commercially oriented product that flourishes on the basis of market forces. To avoid fading away, the popularity of this product depends on whether the demands of customers are satisfied. However, excessive interference exercised by State courts can result in customers' dissatisfaction. Within the present framework of international commercial arbitration, States are the bodies which have significant power to determine how this market should be developed as they are regarded as having a proper and beneficial part to play in the granting of supervisory and supportive measures over arbitrations subject to their jurisdiction and the arbitral awards brought before them seeking recognition or enforcement. In sum, States are the most effective and direct controlling power to determine how arbitration should operate in an international market.

Journal
Journal of International Arbitration: Volume 15, Issue 2