We
willingly tend to associate arbitration with the field of corporate rights transfers.
It is likely that the potential disputes, which could arise from the transfers
of control, are quite systematically attributed to
arbitrators; the national jurisdictions maintaining a residual role. Such
transfers create a lot of dispute centers where the traditional virtues of
arbitration are usefully exercised. Moreover, arbitration can present, in these
fields, some specific advantages, especially in the complicated transfers, for
instance where there is an “earn-out” clause, this one involving an important
work of pacification most of the time. The field of arbitration is very wide
and, eventually, the limits of its ability to be applied to a dispute are
reduced; nowadays the uncertainties about the reality of these limits are
removed for the main part. However, the question of the boundaries of the
arbitral function is less evident, the task of the arbitrator is sometimes
difficult to distinguish from concurrent tasks; this same task sometimes
operates in the limits of public policy as well, which can arouse some
questions.