The Balance Between Public Interests and the Autonomy of the Institution of International Commercial Arbitration

Abstract

The international commercial arbitration system has evolved to offer a flexible, neutral, and efficient method of resolving cross-border commercial disputes. However, the increasing autonomy of arbitration institutions has raised concerns about balancing this autonomy with the preservation of public interest. This paper analyzes the role of state supervision, and the tension between private and public interests in international legal relations. The research draws on comparative legal analysis of European and international practices, case studies from civil and common law jurisdictions, and doctrinal developments from both East and West. Findings show that international arbitration promotes efficiency and neutrality, it also challenges traditional legal safeguards. The paper proposes a balanced model where institutional autonomy coexists with core public interest protections. UDC: 341.63+347.918(478); JEL: K10, K20