International Arbitration: Three Salient Problems

Summary: In the field of international arbitration, both inter-State and commercial, the effective establishment and operation of the arbitral tribunal is a matter of dominant importance. This study examines three salient problems which arise in this connection: the relationship between an arbitration clause and the contract of which it forms part; whether a refusal to arbitrate is a denial of justice under international law;... and the impact upon arbitration of the withdrawal of a member of the tribunal. [read more]