chapter  7
24 Pages

Comparative Method

As S.I. Strong emphasizes in his study on research skills in international arbitration, the competences needed for construing legally exhaustive and persuasive argumentation in this field necessarily require the adoption of a comparative perspective.1 The essentially international nature of the arbitral process, combined with its increasingly cross-cultural character, as discussed in Chapter 6, inevitably places a comparative approach at the very core of methods applied by arbitration practitioners:

This particular, very fundamental need for comparative expertise and sensitivity in ICA is combined with notably high entry barriers in terms of training materials. It has been pointed out that the restricted access to resources (arbitral awards, but also commentaries and articles authored by leading experts) might effectively hamper the development and proliferation of skills in the discipline at a pace that would be consistent with the unprecedented global growth of ICA in the last decades.3