Part III Arbitral Proceedings: Establishing the Facts and Applying the Law, B Substantive Norms, 1 National Law and Commercial Justice

Today one sometimes hears cheerful talk about “autonomous” arbitration and “delocalized” procedure, free from the procedural safeguards traditionally imposed by those national legal systems that support the arbitral process.1 The liberation of international arbitration from national legal systems implicates several themes. First, arbitrators often interject trade usage in deciding the merits of a dispute.2 Second, judges increasingly permit arbitration of sensitive public law claims, such as antitrust or securities regulation.3 Finally, arbitral procedure has been...