chapter  6
20 Pages

Arbitration in a Multicultural Environment: Structural and Procedural Aspects

Resolution of international commercial disputes raises particular challenges due to the fact that the conflicted parties frequently come not only from different legal systems, but also from diverse legal traditions. Their legal relationship may prove difficult to be evaluated without a bias towards one of the possible, competing interpretive approaches (bringing an additional layer of consideration to the issue of determining proper substantive law). Moreover, as already discussed, the arbitral tribunal is also usually granted wide discretionary authority in determining relevant standards of procedure. Choice of such standards, typical to one legal tradition rather than to the other, is not just a purely technical matter. Arbitral decision-making in a multicultural environment turns out to be a particularly sensitive issue when considered from the perspective of achieving neutrality and impartiality of both an arbitrator and the proceedings.