Abstract
The father of modern comparative law, Charles-Louis de Secondat (better known as Montesquieu, author of De l’esprit des lois ) once suggested that true genius lies in knowing when uniformity is needed and when diversity will be appropriate.1 The world of international arbitration provides a fertile testing ground for this thesis. For the true scholar, the study of comparative law serves first and foremost as a source of knowledge to fuel mature reflection. An appreciation of how things are done in other cultures can counteract the silly smugness often engendered by excessive and self-regarding preoccupation with purely local doctrinal disputes.2 Moving to the practical world of cross-border dispute resolution, comparative law also provides a powerful tool for designing the legal framework regulating the interaction of judge and arbitrator. By making decision-makers more aware of the spectrum of solutions available to address problems common to several legal systems, comparative law study can suggest options better than the ones already tested in the observer’s own space and time. Examining contrasts between national legal systems plays a role in the evolution of judge-made law as well as in drafting uniform statutes. In turn, such legal harmonisation can facilitate international economic cooperation by reducing the risks of cross-border economic ventures.3 Montesquieu’s Helvetic successors (several generations removed) have provided a truly superb example of comparative analysis at its best. Several years ago, Prof. Poudret and Dr. Besson gave the francophone their joint treatise4 containing an insightful and comprehensive examination of how national laws affect international arbitration. The updated second edition now brings their work to English-speaking lawyers. What sets this treatise apart is its detailed evaluation of national statutes and case law, skilfully teasing out the nuances in both practice and theory. These two Swiss scholars compare the law in eight countries: …
Published Version
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