Chapter 4 discusses applicable laws and rules as well as various concepts in international arbitration such as delocalization, territoriality, lex arbitri and lex mercatoria. The chapter considers various choice of law issues that arise when parties fail to chose the governing law of the contract or of the arbitration clause or if they do not choose the seat of the arbitration.. Although the arbitrator has a duty to apply the proper law, the application of the laws and rules of an arbitration is a complex process. Arbitrators have broad discretion, which is, however, limited in number of ways such as by mandatory laws, party autonomy, international principles, best practices, and by the duty to try to render an enforceable award. In the book, the author includes insights from a number of international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to this important means of resolving disputes.

Localization is a key move in the history of medicine across cultures, arguably; but a parallel, if not alternative, narrative can be noticed in the Graeco-Roman tradition (and elsewhere), which I have called one of ‘delocalization’, discussed in Chapter 3:namely, the approach to disease, and especially mental disease, in terms of ‘holistic’ impact on the patient. This surfaces most prominently in some authors, but can also be noticed as a matter of discussion of the locus affectus in great thinkers like Galen. In this particular strand of the history of phrenitis the key authors who have reached us are the Roman author of De medicina, Celsus; the Atomist philosopher and doctor Asclepiades; and the thinkers of the Methodist tradition, represented most extensively by Caelius Aurelianus as far as phrenitis is concerned. This chapter surveys the relevant texts by Celsus and Caelius and the fragmentary evidence on Asclepiades, where an important cluster of shared principles emerges: an interest in psychology and in the health of the individual ‘as a whole’, a disregard for the localization of the disease in a specific body part, and of fever as a key pathological indicator, and a strong inclination towards psychotherapeutical and ‘soothing’ measures.

Arbitration is a form of administration of justice that is distinguished from that administered by state courts fundamentally in that the basis of the arbitrators’ jurisdiction – at least in the case of voluntary arbitration – is the consent of the parties in dispute.