University of New South Wales Faculty of Law Research Series
Legal Traditions and International Commercial Arbitration
Article comments
This paper has been accepted for publication in the American Review of International Arbitration, Spring 2007, published by the Parker School of Foreign and Comparative Law, Columbia University. This paper may also be referenced as [2007] UNSWLRS 29.
Abstract
Codes, laws and guidelines governing international commercial arbitration developed by such organizations as the International Court of Arbitration, the International Bar Association and the International Chamber of Commerce have been drafted against the background of Common Law and Civil Law values. In balancing these two great legal traditions, it was assumed that together they represent a composite legal tradition governing international commercial arbitration. The result of that assumption was decades of fine work enshrining international arbitration doctrines, principles, and rules of law and procedures that blend these two important legal traditions. More recent concerns have begun to raise such questions as: How pervasive are the Common and Civil Law traditions?
Part I of this article asks: What is a legal tradition and how should it be distinguished from a legal culture in relation to international commercial arbitration? Part II reflects on the influence of legal culture on international commercial arbitration. Parts III, IV and V investigate the Common and Civil legal traditions in relation to national, regional and international commercial arbitration. Part VI evaluates the public traditions that surround international commercial arbitration. Part VII considers whether change in the traditions of international commercial arbitration represent culture change or culture shock. Part VIII emphasizes the value of building an inclusive international arbitration tradition. Part IX suggests ways in which international commercial arbitration can accommodate diffuse and changing local, regional and global influences upon it.
Subject Area
General Law
Recommended Citation
Leon Trakman,
"Legal Traditions and International Commercial Arbitration"
(May 2007).
University of New South Wales Faculty of Law Research Series.
University of New South Wales Faculty of Law Research Series.
Working Paper 29.
http://law.bepress.com/unswwps/flrps/art29
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