International Arbitration Law by Mauro Rubino-Sammartano

Abstract

Arbitration law and its application to disputes arising out of commercial transactions has changed in recent years. Traditionally, it was considered on a purely domestic basis: the local law of the place where an arbitration was held governed the conduct of the arbitration, whatever the nature of the arbitration. With the increase of international arbitration following the Second World War, and particularly in the 1960's and 1970's, several countries adopted a two-tier regime with different or special rules applying to domestic and international arbitrations. This is the position presently in, e.g., English, French and Swiss law, and is supported by the UNCITRAL Model Law on International Commercial Arbitration. In recent years the view that there is a truly international arbitration law, over and above national law, which applies in the international arena, has developed and found increasing support. This transnational arbitration law is part of the lex mercatoria;...