By Christopher S. Gibson, 113 Penn St. L. Rev. 1227.
Below the surface of the sea there are strong currents, whose direction is uncertain and whose effect may turn and tack those who float above. And so it is with international arbitration, as we set out to address the theme of this symposium, “Building the Civilization of Arbitration.” International commercial arbitration has had a globalizing impact on the law. Through centrally legislated and decentralized reforms, it has achieved a new transnational legal framework and common vision that bring with them characteristics of civilization. Below the surface, however, currents flow in contradictory directions. One area of vigorous debate concerns the proper role and scope for mandatory public law, not only in arbitral proceedings, but as a factor to be considered (or ignored) at the point of judicial intervention, whether seeking to enforce an arbitration agreement, in annulment proceedings, or at the stage of recognition and enforcement of an award . . . [keep reading]