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

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 by...