I. THE APPLICABILITY OF INTERNATIONAL UNIFORM SUBSTANTIVE LAW CONVENTIONS IN LITIGATION
According to one commentator, in arbitration,
choice of law plays a smaller role than might be expected from the large volume of scholarly writing on the subject. This fact, too, I believe suggests something about the law in general – substantial similarity in result reached by legal systems with quite different points of departure, and convergence in the international arena that seems to be helped along by the process of [arbitration].
In this author’s view, these assertions cannot be shared. Arbitrators are not the catalysts of convergence, as their awards do not have a modifying impact on the domestic law they apply. And the “substantial similarity in result reached by legal systems with quite different points of departure” is, if nothing else, overstated.