La légitimité de l’arbitrage - Revue de l’arbitrage View La légitimité de l’arbitrage by - Revue de l’arbitrage La légitimité de l’arbitrage 2011 3

There are two facets to the legitimacy of arbitration. There is the relative facet, where legitimacy is reviewed by reference to the internal relationships between the parties; it is their common intent which justifies such legitimacy, with the blessing of the State, and their consent is exercised by the choice of such forum and the designation of the arbitrators. There is the absolute facet, which is the view from outside; in such a context arbitration appears in principle as a type of justice restricted to a specific case, however the coherence of awards rendered by a relatively homogenous body of arbitrators allows it to transcend this restricted context and to play a more ambitious role.

Revue de l’arbitrage