Professor Arroyo, Visiting Scholar at New York University

Professor Fernández Arroyo, a professor at the Sciences Po Law School since 2010, is currently a visiting scholar at New York University.  On the occasion of a presentation he gave to Sciences Po Alumni and friends in New York entitled “Transparency in International Arbitration”, Professor Arroyo tells us more about the way he teaches law in France and in the United States.

• Is it your first time visiting NYU Law School?

Yes, this is the first time I have been invited to be a scholar in residence at NYU, namely at the Center for Transnational Litigation, Arbitration and Commercial Law. But I teach on a regular basis in the NYU Paris Campus since 2013 and I have made presentations at NYU Law School in the past as well.

• Is the way of teaching law in the United States similar to the way it is taught in France?

Generally speaking, it is certainly different. The differences not only deal with how law is taught but also with what it is taught. From several perspectives, the Sciences Po Law School is rather an exception within the French context of legal education. And particularly the way law is thought of at the Sciences Po Law School is not so different to the way it is taught in the United States.

The Sciences Po Law School curriculum provides students with a firm handle of fundamental concepts of law, a deep comprehension of their theoretical underpinnings, and a clear ability to manage their practical implications, quite similar to a U.S. Law School!

• Has arbitration evolved over the past years? 

Arbitration is a particular mechanism used to settle disputes which, most recently, has become the main mechanism for a large array of public, private and mixed disputes. As it expanded as such, arbitration is now considered an issue of global governance; therefore, some legitimacy concerns arise. First of all, the traditional notion in which arbitration is intrinsically confidential cannot work properly since arbitration is not an exception but the rule. This is especially true regarding arbitration proceedings involving States. 

Secondly, the generalisation of arbitration requires a certain degree of consistency of decisions. In order to obtain that, arbitral awards need to be known and be made accessible to everyone. Lastly, arbitration need a development of the notion of accountability for all actors involved therein (arbitrators, institutions, counsel…).

Arbitration is evolving in this sense and we need to accept this evolution and adapt to new issues surrounding international arbitration. 

Diego P. Fernández Arroyo is professor at Sciences Po Law School in Paris since 2010.  He teaches international dispute resolution, arbitration and conflict of laws. Professor Fernández Arroyo is, among other engagements, a member of the Curatorium of the Hague Academy of International Law, former President of the American Association of Private International Law (2007/2010) and current Secretary-General of the International Academy of Comparative Law.