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Arbitration of International Business Disputes - Studies in Law and Practice, 2nd Edition by Park, William W. (20th September 2012)

Part III Arbitral Proceedings: Establishing the Facts and Applying the Law, B Substantive Norms, 5 The Uses of Comparative Law in Arbitration

From: Arbitration of International Business Disputes: Studies in Law and Practice (2nd Edition)

William W. Park

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 November 2019

The father of modern comparative law, Charles-Louis de Secondat (better known as Montesquieu, author of De l’esprit des lois ) once suggested that true genius lies in knowing when uniformity is needed and when diversity will be appropriate. 1 The world of international arbitration provides a fertile testing ground for this thesis. For the true scholar, the study of comparative law serves first and foremost as a source of knowledge to fuel mature reflection. An appreciation of how things are done in other cultures can counteract the silly smugness often engendered...
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