► Full Reference: L. Aynès, “Comment l’arbitrage international peut être un renfort de l’Obligation de Compliance” (How International Arbitration can reinforce the Compliance Obligation), in M.-A. Frison-Roche (dir.), L’Obligation de Compliance, 
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► This article is written in French. English summary of this contribution (done by the Journal of Regulation & Compliance – JoRC): The author starts from the initial observation that international arbitration and Compliance are naturally attuned, since they are both a manifestation of globalisation and express a transcending of borders, arbitration being able to take up the Monumental Goals of Compliance since it has given rise to a substantially global arbitral order.
But the obstacle lies in the fact that the source of arbitration remains the contract, the arbitrator exercising only a temporary jurisdiction whose mission is given by that contract. Yet the advent of the global arbitral order makes it possible to go beyond this, the arbitrator drawing on norms of which the Monumental Goals of Compliance and the commitments of firms may form part. In so doing, the arbitrator becomes an indirect organ of this Compliance Law whose emergence can be seen.
The contribution then evokes a second development, which could make the arbitrator a direct organ for giving concrete form to Compliance. For this, the arbitrator must not only compel the performance of obligations to do, which is already the trend as regards provisional measures, but also have a broader conception of what the dispute for which a solution is required is, or even free himself somewhat from the contractual source that confines him. This is possibly taking shape, mirroring the profound transformation of the office of the judge.
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🦉This article is available in full text to those registered for Professor Marie-Anne Frison-Roche’s courses
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