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International Arbitration and Global GovernanceContending Theories and Evidence$
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Walter Mattli and Thomas Dietz

Print publication date: 2014

Print ISBN-13: 9780198716723

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780198716723.001.0001

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International Arbitration Culture and Global Governance

International Arbitration Culture and Global Governance

(p.74) 4 International Arbitration Culture and Global Governance
International Arbitration and Global Governance

Joshua Karton

Oxford University Press

This chapter provides a cultural account of how and why international commercial arbitration has emerged as a form of global governance. After justifying its sociologically informed approach, it explains how a legal culture can emerge in a heterogeneous, transnational professional community such as that of international arbitration practitioners. Finally, it describes some aspects of international arbitration culture that are most relevant to international arbitration’s emergence as a form of global governance. In particular, it argues that arbitrators are driven to establish international arbitration as an autonomous, global system of governance due to a shared dedication to internationalism for its own sake and also to a belief that internationalism serves the interests of commercial parties.

Keywords:   legal culture, governance, transnational legal culture, international arbitration, internationalism

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