Transnational Commercial Law of Arbitration – Developments and Controversies
Oxford Handbook of Transnational Law (2020) Oxford University Press (Peer Zumbansen, Ed.)
37 Pages Posted: 12 Dec 2019 Last revised: 8 Apr 2020
Date Written: November 26, 2019
Alongside a growing recognition that the traditional territorialist theory is limited in its ability to deal with intensifying cross-border dealings, a pluralistic converging of a multiplicity of legal orders (including domestic) to ensure the efficacy of cross-border commercial law is emerging. The future development of a transnational legal order will reflect the intensifying interactions between diverse norms, laws, actors and institutions – mirroring not necessarily the end of the nation state - but requiring a wider loyalty beyond nation state. To understand these dynamics, this chapter will explore developments in the field of transnational arbitration by examining the evolution of relevant substantive commercial laws and procedure, key forces including global soft law-making bodies, relevant actors including the nation state, arbitrators, parties and institutions, and relevant norms and governance processes influencing the continued evolution of transnational arbitration.
Keywords: transnational law, commercial arbitration, dispute resolution, harmonization, diversity, global legal practice, non-state actors, lex-mercatoria
JEL Classification: K00
Suggested Citation: Suggested Citation