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The Transnational Codification of International Arbitration
Uniformisation under the Shadow of War and Commerce
Author:
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.
Bruno Sousa Rodrigues, Ph.D. (2023), SciencesPo Paris, is a lecturer at that university. His research gravitates towards international arbitration, public and private international law, transnational legal theory, and legal sociology. He is an attorney at law and regularly acts in international arbitrations.
Acknowledgements
Defined Terms
1 Introduction
2 Methodological Remarks
â1 Cosmopolitanism, Transnational Law and Transnational Arbitration
ââ1.1 Arbitration as Part of the Transnational Administration of Justice
ââ1.2 A Diachronic Perspective on Transnational Arbitration
â2 Authority, Symbolic Struggle and Codification
ââ2.1 The Adversarial Turn: Authority beyond Legitimate Power
ââ2.2 The Authority of Arbitration and the Struggle for the Codification of Arbitral Procedure
3 Great Transformations
â1 Sowing the Seeds of Uniformity in International Arbitration
ââ1.1 An Early Procedural Code for International Arbitration
ââ1.2 The Institut de droit International and the Uniformization of Private International Law
â2 In the Shadows of War
ââ2.1 An Alternative to War: the Creation of the Permanent Court of Arbitration
ââ2.2 From Public to Private International Arbitration: the Use of Arbitration for the Collection of International Debt
â3 Uniform Commercial Law and Private International Arbitration
ââ3.1 The Procedural Turn in Business Diplomacy
ââ3.2 The Quest for Uniformity in Private International Arbitration
4 The Promises of the Interwar Years
â1 Private International Arbitration before the League of Nations
ââ1.1 The Expansion of Arbitral Authority through Standard Clauses
ââ1.2 At the Crossroads of Geneva and the Hague: an Emerging Transnational Division of Labour between Courts and Arbitral Tribunals
â2 Mobilizing Arbitration for the Administration of War and Peace
ââ2.1 The Economic Settlement of World War I
ââ2.2 The Stillborn Procedure of Compulsory Arbitration
â3 Not All Roads Lead to Rome
ââ3.1 The Failure of the UNIDROIT Project of Uniform Arbitration Law
ââ3.2 The Expansion of Non-State Codification of Arbitral Authority
5 The Illusion of Fragmentation
â1 New Forum Old Practices
ââ1.1 A Renewed Quest for a Codified Procedure
ââ1.2 A Star is Born: the Creation of ICSID
â2 Hybrid Codification at the United Nations
ââ2.1 Piercing the Iron Curtain at New York
ââ2.2 UNCITRAL as a Privileged Locus for the Codification of Arbitral Authority
6 Conclusion
Bibliography
Index
Defined Terms
1 Introduction
2 Methodological Remarks
â1 Cosmopolitanism, Transnational Law and Transnational Arbitration
ââ1.1 Arbitration as Part of the Transnational Administration of Justice
ââ1.2 A Diachronic Perspective on Transnational Arbitration
â2 Authority, Symbolic Struggle and Codification
ââ2.1 The Adversarial Turn: Authority beyond Legitimate Power
ââ2.2 The Authority of Arbitration and the Struggle for the Codification of Arbitral Procedure
3 Great Transformations
â1 Sowing the Seeds of Uniformity in International Arbitration
ââ1.1 An Early Procedural Code for International Arbitration
ââ1.2 The Institut de droit International and the Uniformization of Private International Law
â2 In the Shadows of War
ââ2.1 An Alternative to War: the Creation of the Permanent Court of Arbitration
ââ2.2 From Public to Private International Arbitration: the Use of Arbitration for the Collection of International Debt
â3 Uniform Commercial Law and Private International Arbitration
ââ3.1 The Procedural Turn in Business Diplomacy
ââ3.2 The Quest for Uniformity in Private International Arbitration
4 The Promises of the Interwar Years
â1 Private International Arbitration before the League of Nations
ââ1.1 The Expansion of Arbitral Authority through Standard Clauses
ââ1.2 At the Crossroads of Geneva and the Hague: an Emerging Transnational Division of Labour between Courts and Arbitral Tribunals
â2 Mobilizing Arbitration for the Administration of War and Peace
ââ2.1 The Economic Settlement of World War I
ââ2.2 The Stillborn Procedure of Compulsory Arbitration
â3 Not All Roads Lead to Rome
ââ3.1 The Failure of the UNIDROIT Project of Uniform Arbitration Law
ââ3.2 The Expansion of Non-State Codification of Arbitral Authority
5 The Illusion of Fragmentation
â1 New Forum Old Practices
ââ1.1 A Renewed Quest for a Codified Procedure
ââ1.2 A Star is Born: the Creation of ICSID
â2 Hybrid Codification at the United Nations
ââ2.1 Piercing the Iron Curtain at New York
ââ2.2 UNCITRAL as a Privileged Locus for the Codification of Arbitral Authority
6 Conclusion
Bibliography
Index
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