Towards a Uniform International Arbitration Law?
About this Book
The growing acceptance of the concept of transnational rules, be they
substantive or procedural, has directly contributed to a substantial
decrease of the influence of local norms. Transnational principles often
override domestic law, and the arbitral process sometimes takes
precedence over court decisions.
Moreover, the exceptional
development of investment arbitration has called into question
traditional values of commercial arbitration such as confidentiality and
the privity of arbitral proceedings. Widespread publication of awards
rendered has also rejuvenated the debate on the value of arbitral awards
as precedents. This book critically explores the extent to which these
phenomena contribute to the creation of a truly uniform international
arbitration law.
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