Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- 16 International Commercial Arbitration and Private International Law
- 17 Lex Arbitri and the Rules of Procedure
- 18 Applicable Law in Commercial Arbitration
- 19 Applicable Law in International Investment Arbitration
- 20 The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law
- 21 Mandatory Law: International Commercial and Investment Treaty Arbitration
- 22 Applicable Ethical Framework in Commercial and Investment Arbitration
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
20 - The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law
from Part IV - Applicable Law
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- 16 International Commercial Arbitration and Private International Law
- 17 Lex Arbitri and the Rules of Procedure
- 18 Applicable Law in Commercial Arbitration
- 19 Applicable Law in International Investment Arbitration
- 20 The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law
- 21 Mandatory Law: International Commercial and Investment Treaty Arbitration
- 22 Applicable Ethical Framework in Commercial and Investment Arbitration
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
The advent and development of soft law in international arbitration is no new phenomenon. More than thirty years ago, a proposition was advanced that soft law has become nearly indispensable in international arbitral practice (Reisma nn, 1988). Today, while there are many who fully support this proposition, a growing number of actors in international arbitration generally take a critical stance regarding the non-consensual use of soft law in arbitral proceedings. The aim of this chapter is to analyse these two poles in order to examine the current state of soft law in international arbitration. This chapter first discusses the theoretical concepts of soft law in international arbitration. Then, the application of soft law in international arbitration is explored, by taking into account its relevance to commercial and investment arbitration. Finally, prominent soft law instruments pertaining to procedure, ethics and the merits of an arbitration case will be assessed briefly both in terms of reasons for their development and reception in practice. The chapter concludes with some reflections on the role of soft law in today’s arbitral practice and possible future developments.
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- Publisher: Cambridge University PressPrint publication year: 2023