4.01 This chapter discusses the juridical nature of arbitration with particular regard to its consensual nature. 4.02 Traditionally four theories have been suggested with respect to the juridical nature of arbitration: the contractual, the jurisdictional, the mixed or hybrid, and the autonomous theory. These theories aim to show how the international arbitration process, with extensive detachment but with some recognition and support required from the national legal system, can be explained in light of the sovereignty and control of the national legal order—or, in...
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