Released in 2017 in their 4th edition 2016, the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”) provide an ingenious tool for cross-border contract drafting and dispute resolution on neutral ground. This is particularly so if the choice is combined with an arbitration clause, because, pursuant to many arbitration laws, “[t]he arbitral tribunal shall decide…

The last 40 years or so has experienced increased growth in the number of transactions concluded internationally, departing from classical one-shot contracts such as the simple sale of goods contract. These complex contracts involve in many instances a mix of private and public issues as is seen in regulatory sectors (telecommunications, oil and gas). The…

Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest,…

We are truly grateful to all those persons who have submitted answers to the survey. It will remain open until March 13, 2013. If you haven’t taken the poll yet, please do share your experience. You will contribute to the knowledge-building of the worldwide arbitration community. An analysis of the results will be published in…

A uniform regulation of substantive, procedural or ethical aspects of international commercial disputes through intergovernmental cooperation has proven to be an unachievable goal or hardly a goal at all. Nonetheless, while national laws are widely used as framework for international arbitration, a number of initiatives have emerged aiming at creating intrinsically international rules (soft law…