The Three Ages of International Commercial Arbitration

Préface
A history of modern international commercial arbitration theory and practice from the eighteenth century to the present day.

Résumé
Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 17801920), the Age of Institutionalization (1920s1950s), and the Age of Autonomy (1950spresent). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.

Contenu

1. General introduction; 2. Introduction to the Age of Aspirations; 3. Genealogy of international commercial arbitration; 4. The arbitration clause saga in French law and the emergence of a special regime for international commercial arbitration; 5. Introduction to the Age of Institutionalization; 6. The construction of a coherent framework for international commercial arbitration; 7. The development of the ICC arbitration system; 8. Introduction to the Age of Autonomy; 9. Lex Mercatoria and the birth of the French school of international arbitration; 10. The second generation of the French school of international arbitration and the quarrel over the arbitral legal order; 11. General conclusion; Bibliography; Index.