Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Should International Commercial Arbitrators Declare a Law Unconstitutional?

Should International Commercial Arbitrators Declare a Law Unconstitutional?

(p.308) 18 Should International Commercial Arbitrators Declare a Law Unconstitutional?
Practising Virtue

Horacio A Grigera Naón

Oxford University Press

This chapter examines the relationship of arbitral tribunals to domestic courts. Specifically, it asks whether arbitrators have the power to declare a law unconstitutional. It shows that this depends, inter alia, on the applicable lex arbitri. While some countries, such as Argentina, grant arbitrators such wide-ranging powers and others, such as the United States, are more restrictive. Thus, a key consideration for arbitral tribunals in deciding this question is the idea of comity, that is, whether it is ‘proper and prudent’ for arbitrators to reject the effects of a law, even though it has not been declared unconstitutional within the domestic legal order by the constitutional or other competent court.

Keywords:   international arbitration, arbitrators, arbitral tribunals, domestic courts, national courts, comity

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .