Beyond Theory and Practice in International Arbitration

International arbitration is arguably the most voraciously narrated area of international legal practice, yet its place within and between international legal systems - or as an independent legal order in its own right - remains relatively unstudied. Amidst that gap in coverage, international arbitration has been subjected to and fuelled by a series of narratives surrounding the profession. To properly explore that gap in coverage and the construction of narratives around the profession, the research consciously undertook an interdisciplinary approach, using methodological tools from law and anthropology and applying the conceptual framework of legal pluralism. In doing so, the research addressed specific research questions by reference to two case studies (i) an area study on the growth and transformation of arbitration in the city-state of Dubai in the United Arab Emirates; and (ii) a technical study on entitlement, applications, and recovery of costs in international arbitration. The findings attested to the existence of ‘arbitral agents’, applying individual and institutional normativities, both at structural levels and in daily arbitral practice. The findings revealed the virtues of interdisciplinary research, but also how much collective conceptual work remains to be done by those involved in or interested in international arbitration. International arbitration is now clearly the de jure mechanism for most commercial, trade, investment and inter-state disputes in the world. As states re-order and re-organize themselves along regional and other lines, the effective management, practice and narration of international arbitration assumes a highly critical position in retaining any modicum of trust in international legal processes.

About the speaker:

Dr Faris Nasrallah is a solicitor of the Senior Courts of England and Wales specialising in international arbitration and has worked for leading international law firms in London and Dubai. He is currently conducting research in the field of international arbitration at the Max Planck Institute, where he was Visiting Fellow in 2018. He is the author of the forthcoming, A Guide to the DIAC Rules (Oxford University Press).