The Application of Non-State Based Standards in International Arbitration

Abstract

The inevitable interaction of legal and quasi-legal systems and norms across territorial borders not only impacts individuals as members of multiple communities (both territorial and nonterritorial), it also has implications for the conduct of cross-border arbitration. This chapter charts emerging non-state-based norms as applied in the context of international arbitration. It addresses how arbitral bodies can and do use nonstate standards in adjudication including industry standards, customs, and practices and how national courts uphold such applications. Over time, resort to these various quasi-legal standards is contributing to the creation of a transnational set of norms that is reshaping the global arbitral system.