It has taken centuries for there to become established in the great majority of States a strong, competent and independent judicial system, providing an ultimate guarantee for basic respect of an individual's rights. The administration of justice was thereby conferred upon a specialized body of judges. The trust placed in those judges depends first and foremost on their independence vis-à-vis the State and its emanations, the parties in dispute and the counsel representing them. It is in order to ensure such independence that an array of principles and mechanisms of control have been developed. The need for independence has even been raised into a fundamental constitutional right, given that justice constitutes the last resort for the rule of law. Without independence, the courtroom becomes exposed to anarchy. We are familiar with the allegorical depiction of Justice as a blindfolded woman, seen in the imposing statues erected over court buildings in times gone by.

Although it took centuries for the above to happen, it has taken only a few decades for the alternative of international arbitration to develop. Slowly but surely, that alternative is supplanting traditional justice, at least where international commercial disputes are concerned and for reasons that are well known. Arbitration is a radically different system, as it is assigned to individuals who are themselves usually business practitioners, not to State institutions comprising a specialized body of judges chosen, trained and controlled by the State. Independence nonetheless remains essential, as it is inherent to dispensing justice, which arbitration is clearly intended to do. Indeed, independence is even more important in arbitration, as arbitrators enjoy complete autonomy and their rulings generally escape judicial review. Yet at the same time it raises more problems, due to the professional relations that the individuals chosen as arbitrators may have with the parties and their lawyers. Arbitration institutions, which are themselves close to practice, play a vital role here and must for this reason be totally independent of governments and professional circles. They must also ensure that the individuals who act as arbitrators are sufficiently independent both of the institution and of the parties. If we were to represent arbitration allegorically, like its elder sister Justice, she would at least be carrying scales in her hand and be blindfolded.

The contributions that follow provide an all-encompassing look at the subject, which is considered from a philosophical perspective, from the standpoint of comparative law and systemically, as well as against the background of developing legislation and practice. It is also natural to include a new and detailed presentation of the practice of the International Court of Arbitration. We are indebted to the authors for bringing a new and in-depth focus to this abiding subject.

Pierre Tercier

Chairman

International Court of Arbitration