Arbitrators as Lawmakers
By: Dolores Bentolila
About the Author --Foreword --Preface --List of Abbreviations --Introduction --The Actors of Arbitral Lawmaking --The Process of Arbitral Lawmaking --The Product of Arbitral Lawmaking --Conclusion --Bibliography --Table of Cases, Treaties, Legislation, Rules and Guidelines.
AI Overview
"Arbitrators as Lawmakers" by Dolores Bentolila is a comprehensive analysis of how arbitrators create and shape the rules that govern international arbitration. Here is a detailed overview of the book:
Key Themes
- Arbitral Lawmaking: The book explores the three stages of arbitral lawmaking: before, during, and after the rule is made. It delves into the legal framework governing arbitrators, the process of creating rules, and how these rules are implemented and disseminated.
- Autonomy of International Commercial Arbitration: The book examines the autonomy of international commercial arbitration from both the law of the seat and the courts of the seat. This includes discussions on the applicability of the law of the seat to arbitration procedures, the right to arbitrate, and the binding effect of arbitral awards.
- Consistent Decision-Making: It investigates how arbitrators create principles of law through consistent arbitral decision-making, highlighting the role of arbitrators in shaping the legal landscape of international arbitration.
- Transparency and Accountability: The study emphasizes the importance of transparency and accountability in the process of arbitral decision-making, aiming to foster a deeper understanding and trust in the arbitral process.
Plot Summary
The book is structured into several parts, each focusing on different aspects of arbitral lawmaking:
- Introduction: Sets the stage for the analysis, introducing the concept of arbitral lawmaking and its significance in international arbitration.
- Part I: The Actors of Arbitral Lawmaking: Explores the autonomy of international commercial arbitration, including its relationship with the law of the seat and the courts of the seat.
- Chapter 1: The Autonomy of International Commercial Arbitration: Discusses the autonomy from both the law of the seat and the courts of the seat, covering topics like competence-competence and declaratory relief.
- Part II: The Process of Lawmaking: Analyzes the process by which arbitrators create and implement rules.
- Chapter X: The Creation of General Rules Through Consistent Decision-Making: Examines how consistent arbitral decisions lead to the creation of general rules in international commercial and investment arbitration.
- Part III: The Outcome of Lawmaking: Discusses the dissemination and implementation of these rules, including their impact on the broader legal community.
Critical Reception
While specific reviews are not provided in the sources, the book is positioned as a significant contribution to the field of international arbitration. It aims to bridge the gap between legal theory and arbitral practice, offering a multidisciplinary analysis that is valuable for practitioners, scholars, arbitral institutions, and international organizations.
Conclusion
"Arbitrators as Lawmakers" by Dolores Bentolila is a seminal work that provides a comprehensive understanding of the role of arbitrators in shaping the legal framework of international arbitration. It offers a detailed examination of the stages of arbitral lawmaking, emphasizing transparency, accountability, and the creation of general rules through consistent decision-making. This book is essential reading for anyone interested in the intricacies of international arbitration and its legal underpinnings.