The Application of Non-State-Based Standards in International Arbitration
OXFORD HANDBOOK ON GLOBAL LEGAL PLURALISM (P. S. Berman, Ed.) Oxford University Press.
15 Pages Posted: 17 Jun 2020 Last revised: 18 Jun 2020
Date Written: May 25, 2020
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: Suggested Citation