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Application of the Reasonableness Standard in Continental Courts and Arbitral Tribunals - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 
Salvatore Patti
Page Count: 
22 pages
Media Description: 
1 PDF Download
Published: 
February, 2014

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Originally from Czech and Central European Yearbook of Arbitration - 2014: Independence and Impartiality of Arbitrators

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Abstract | Justice pursued in front of arbitral
tribunals, especially justice concerning international
disputes, is characterized by few formalities, an
absolute guarantee of an adversarial procedure and a
great adherence to the need for a solution in a
particular case. This explains the fact that arbitral
awards are frequently based on the customs of
international trade and their general doctrine, among
others, good faith, public policy, gute Sitten etc. The
“traditional” general clauses or “standards” of
evaluation recently have been joined by the standard
of “reasonableness”, a concept which is well known in
common law but traditionally absent in the legislation
of the civil law legal orders. Due to the fact that
frequent use of “reasonableness” does not correspond to
a sufficient theoretical study, this work underlines the
differences between the application of the standard of
reasonableness in legal orders of common and civil
law, especially by establishing correct criteria of
application in arbitration proceedings.