"By Wit or Fortune Led": Thoughts on a Role for Precedent in International Commercial Arbitration
Article from: TDM 3 (2008), in Precedent in Investment Arbitration
This article examines the limited use of precedent in the international commercial arbitration context and ponders whether a precedent system for substantive legal issues suits the core features of the process. It notes that reference to prior awards for assistance on issues of procedure, jurisdictional objections, or questions presenting novel or unusual challenges to the arbitration process is well established, and suggests that it might usefully expand to other similar areas currently crying out for guidance. Generally, it concludes that the current international commercial ...