The détachement of international arbitration: reflections on the existence of an arbitral order détaché

Abstract

ABSTRACT: This article analyses the current accepted legal theories of international arbitration, specifically as to the obstacles and contradictions that may emerge from them. At the same time, the article proposes a new legal theory denominated détachement of international arbitration, which is built upon an ensemble of ideas contained in Emmanuel Gaillard’s book Aspects philosophiques du droit de l’arbitrage international, as well as Jan Paulsson’s work The Idea of Arbitration. The final goal is to define the position of international arbitration in the global legal system and its consequences to the practical field.