Part II Legal Framework: Courts, Statutes and Treaties, B Judicial Supervision, 3 The Arbitral Situs and the Lex Loci Arbitri

There must be no Alsatia in England where the King’s writ does not run. Lord Justice Scrutton1 A company that submits a controversy to arbitration may later regret having abandoned recourse to the courts. On the day of reckoning, the sage chosen to decide the dispute may no longer seem so wise to the losing party, and the loser might consider refusing to comply with the arbitrator’s decision. Some legal system, therefore, must legitimize the arbitrator’s authority. Otherwise, the award remains an unenforceable conciliation attempt that the parties are free to...