Document Type
Book Chapter
Publication Date
2-2024
Abstract
In examining the relevance of civil law and common law synergies in international arbitration, we often dwell on aspects of arbitral practice and procedure. This should occasion no surprise. Our attention turns to arbitral practice and procedure, for that is what we do, as arbitrator and counsel, and on a daily basis. Leaving aside investor-State arbitration, in which substantive public international law looms large, international arbitration is very much a procedural endeavor.
But it should not be forgotten that the differences between the civil law and the common law manifest themselves not only, and not even primarily, in practice and procedure, but also in the form and content of the law. These are features in connection with which the very terms civil law and common law are commonly used. In considering the nature of these two families of law, no academic study of comparative law would concern itself exclusively with matters of practice or procedure.
Disciplines
Dispute Resolution and Arbitration | International Law | Law
Recommended Citation
George A. Bermann,
Applicable Law and the Civil and Common Law Divide,
The Plurality and Synergies of Legal Traditions in International Arbitration: Looking Beyond the Common and Civil Law Divide, Stavros Brekoulakis, Nayla Comair Obeid & Claudia Pharaon (Eds.), Kluwer Law International
(2024).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4593
Comments
Reprinted from "The Plurality and Synergies of Legal Traditions in International Arbitration: Looking Beyond the Common and Civil Law Divide", edited by Stavros Brekoulakis, Nayla Comair Obeid and Claudia Pharaon, 2024, pp. 233+238, with permission of Kluwer Law International.