Kluwer: New Title – Arbitrators As Law Makers

This publication analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration.


This is an emerging topic with the existing literature not providing the needed analysis of legal theory and arbitral practice. This book aims to bridge the gap by explaining the three different stages of arbitral lawmaking – before, during, and after the rule is made: first stage is the situation of the arbitrator and the legal framework governing it; second stage is the process of lawmaking; and finally the third stage is when the consistent arbitral solution is launched to a wider public.

You will get answer to the following questions:

  • What is the relationship between international arbitration and the law and courts of the seat?
  • What is the role of international tribunals in enforcing and controlling investment arbitration?
  • What is the scope of arbitrators’ freedom in decision-making?
  • What constraints limit arbitrators’ decision-making and contribute to consistency?
  • Is international arbitration capable of paying deference to past arbitral decisions?
  • Which rules have arbitrators created in procedural and substantive matters?
  • What is the role and status of consistent arbitral decisions?
  • Is there an arbitral legal system?

With this title you can be sure to approach any case before international arbitral tribunals with full awareness of the freedoms and constraints of arbitrators. You can also proceed confidently through the maze of explicit and implicit rules that govern jurisdiction, procedure and merits in international arbitration. It will be of immeasurable and lasting value to practitioners, scholars, arbitral institutions, and international organizations worldwide. Read more and view table of contents.

May 2017, 360 pp., hardcover

ISBN: 9789041183545

Price: EUR 180 / USD 199 / GBP 147

International Arbitration Law Library Series Volume 43