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Much as one may try to universalize and even ‘de-nationalize’ international commercial arbitration – whether through Conventions, uniform or model laws or soft law – the phenomenon remains profoundly affected by national law and policy. That is indeed very much one of the leitmotifs of this book.

The incongruities – big and small – between domestic and international arbitration regimes typically present themselves on a purely ad hoc basis; that is to say, in specific and often isolated contexts, as when a particular case in a national court produces a result that looks anomalous from the point of view of a major international instrument such as the New York Convention. The current American Law Institute’s Restatement of the US Law of International Commercial Arbitration provides a very different and, indeed, unprecedented context for observing the discontinuities that may affect the application of the New York Convention in national law.


Dispute Resolution and Arbitration | International Law | Law


This material has been published in "International Commercial Arbitration: Different Forms and their Features", edited by Giuditta Cordero-Moss. This version is free to view and download for private research and study only. Not for re-distribution or re-use.