Journal of International Arbitration
Volume 26, Issue 4 (2009) pp. 533 – 555

https://doi.org/10.54648/joia2009029

Abstract

Transnational law as applied in international arbitration is based on private contracts and the principle of party autonomy. It is therefore often described as being increasingly detached from domestic and international law. At the same time, it is well accepted that international arbitral tribunals must apply certain mandatory norms protecting public policy irrespective of the law otherwise applicable. Based on a survey of arbitral practice, this article argues that, taken together, both developments contribute to the emergence of transnational hierarchies of norms, a “constitutionalization” of transnational law.

Extract

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