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Part II Legal Framework: Courts, Statutes and Treaties, A Arbitral Jurisdiction, 4 Private Adjudicators and the Public Interest

From: Arbitration of International Business Disputes: Studies in Law and Practice (2nd Edition)

William W. Park

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

And the King said, “Bring me a sword.” So a sword was brought before the King. And the King said, “Divide the living child in two, and give half to one and half to the other.” I Kings 3:24–25 When Solomon arbitrated a child custody dispute, the baby almost perished.1 Today’s arbitrator probably could not propose such a drastic award. Yet courts may refuse to compel arbitration of some disputes for fear that societal interests may suffer a fate similar to that which would have befallen the baby under Solomon’s initial judgment. The parties to the dispute are not...
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