Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata

Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017)

Boston Univ. School of Law, Public Law Research Paper No. 17-26

22 Pages Posted: 16 Aug 2017

See all articles by William W. Park

William W. Park

Boston University - School of Law

Date Written: August 14, 2017

Abstract

In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court decisions. Memorializing the experience of those who sit as arbitrators or serve as counsel, such standards contain a degree of circularity, in that relevant norms both derive from and apply to cross-border arbitration. Neither the nature nor the limits of “soft law” always present themselves with clarity. Often the litigants’ agreement fails to provide standards on controverted questions whose answers fall beyond common practice. In such instances, the integrity of the process requires a healthy humility from scholars and practitioners professing to summarize arbitral standards.

Keywords: Arbitration, Soft Law, International Arbitration, Transnational Standards, Res Judicata

JEL Classification: K33

Suggested Citation

Park, William W., Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata (August 14, 2017). Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017); Boston Univ. School of Law, Public Law Research Paper No. 17-26. Available at SSRN: https://ssrn.com/abstract=3018719

William W. Park (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-3149 (Phone)
617-353-3077 (Fax)

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