The importance of international commercial arbitration today cannot be overstressed. Arbitration offers parties in cross-border disputes a neutral and private forum to resolve their disputes, therefore avoiding potentially partisan or inefficient court litigation systems. In arbitration, laws and rules may be drawn from a variety of sources, such as national laws, international treaties, and institutional rules which are based on the principle of the rule of law and are intended to ensure a fair and just conduct of dispute resolution. This thesis will discuss the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management