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The Intellectual Error of Socialism in International Arbitration

In: The Emergence of a Tradition: Essays in Honor of Jesús Huerta de Soto, Volume II

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  • Sonsoles Huerta de Soto

Abstract

In this chapter I analyse the reason behind the well-settled belief within the international arbitration community that arbitration exists thanks to the state and its infrastructures. This conceptual error has a bigger practical impact than we might think at first glance, but has no basis. The two erroneous starting points that could explain the reason behind this wrong and well-extended belief are: (i) the idea that law and justice are of a public nature; (ii) the unresolved practical problems posed by the lack of imperium of the arbitrators. I analyse why neither of these points has any basis. Only if this initial conceptual error, which could be referred to as the intellectual error of socialism in arbitration, is dismantled will it be possible to build an appropriate legal theory of international arbitration.

Suggested Citation

  • Sonsoles Huerta de Soto, 2023. "The Intellectual Error of Socialism in International Arbitration," Springer Books, in: David Howden & Philipp Bagus (ed.), The Emergence of a Tradition: Essays in Honor of Jesús Huerta de Soto, Volume II, pages 145-155, Springer.
    • Handle: RePEc:spr:sprchp:978-3-031-17418-6_13
    DOI: 10.1007/978-3-031-17418-6_13
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