Arbitrating in a world of communicative reason

Citation

Esposito P & Martire J (2012) Arbitrating in a world of communicative reason. Arbitration International, 28 (2), pp. 325-341. http://www.kluwerlawonline.com/toc.php?area=Journals&mode=bypub&level=5&values=Journals~~Arbitration+International~Volume+28+(2012); https://doi.org/10.1093/arbitration/28.2.325

Abstract
The present article advocates for a reworking of the theoretical foundations of international arbitration. With the aim of strengthening legitimacy and improving its dispute resolution efficiency, the authors argue in favour of a different approach to international arbitration's practices. Taking in consideration the transnational and trans-cultural nature of international arbitration they claim for a framework that would be more inclusive of parties' different socio-legal systems of reference, the latter suggested as the proper foundation upon which to build a system respectful of the parties' expectations. Jürgen Habermas's discourse theory provides the theoretical outline for a communicative dynamics that would move international arbitration towards a new dimension of mutual understanding among parties' diverging backgrounds. The authors explore the feasibility of such project and, suggesting possible guidelines, hope to open up a debate about the future perspectives of international arbitration.

Keywords
Arbitration; Habermas; Communicative; Reasons; Floating arbitration

Journal
Arbitration International: Volume 28, Issue 2