The Application of Non-State-Based Standards in International Arbitration

OXFORD HANDBOOK ON GLOBAL LEGAL PLURALISM (P. S. Berman, Ed.) Oxford University Press.

University of Hong Kong Faculty of Law Research Paper No. 2020/030

15 Pages Posted: 17 Jun 2020 Last revised: 18 Jun 2020

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Date Written: May 25, 2020

Abstract

The aim of this paper is to trace the development of nonstate standards in international arbitration through tracking recent case development. It first discusses the theoretical concepts underlying the application of nonstate standards in international arbitration. The application of such standards including general principles of international trade (lex mercatoria), International Bar Association (IBA) Conflict Guidelines and Rules, UN Commission on International Trade Law (UNCITRAL) Rules on Transparency, International Institute for the Unification of Private Law (UNDROIT) principles, International Organization for Standardization (ISO) Guidelines, and corporate codes of conduct are examined by taking into account their relevance to commercial arbitration. The chapter concludes with some reflections on the role of nonstate standards in today’s arbitral practice and possible future developments.

Keywords: soft law, international arbitration, non-state-based standards, legal pluralism, commercial arbitration

JEL Classification: K00, K10, K19

Suggested Citation

Ali, Shahla F., The Application of Non-State-Based Standards in International Arbitration (May 25, 2020). OXFORD HANDBOOK ON GLOBAL LEGAL PLURALISM (P. S. Berman, Ed.) Oxford University Press., University of Hong Kong Faculty of Law Research Paper No. 2020/030, Available at SSRN: https://ssrn.com/abstract=3609623

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

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