The International Arbitrator's Dilemma: Transnational Procedure versus Home Jurisdiction: A German Perspective

Abstract

Every international arbitrator is necessarily influenced by the core legal values of his home jurisdiction. These values relate to both the conduct of the proceedings and the decision-making on the merits. In both areas, international arbitration has developed its own best practice standards and transnational legal principles and rules. The arbitrator’s task is to reconcile the manifold influences of his home jurisdiction with the transnationalized structures of international arbitral proceedings. This article examines these issues from the perspective of the German legal system.