Theoretical and Practical Perspective of the Delocalization of International Commercial Arbitration in the Legislation of Some States

Abstract

The concept of delocalization in international commercial arbitration refers to the reduction or elimination of the connection between arbitration and national legal systems, particularly the law of the seat. It allows the arbitral process to function more independently, supported by international conventions and the principle of party autonomy. This article explores the theoretical foundations and historical development of delocalization, with a comparative legal analysis of its application in the legal systems of France, Switzerland, England, Singapore, Hong Kong, and Russia. Drawing from doctrinal sources, case law, and academic critique, the paper examines both the advantages and limitations of delocalization and evaluates its practical implementation in different jurisdictions. The study contributes to the understanding of how different legal systems respond to the tension between autonomy and control in international arbitration. UDC: 341.63(100); JEL: K10, K20