Journal Article

Arbitrating in a World of Communicative Reason

Paolo Esposito and Jacopo Martire

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 28, issue 2, pages 325-342
Published in print June 2012 | ISSN: 0957-0411
Published online September 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/28.2.325
Arbitrating in a World of Communicative Reason

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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.

Journal Article.  9058 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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