Chapter 3 - The Sources Of International Arbitration Law - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
The sources of a branch of law as rich and varied as international arbitration couldn’t be other than multiple. In addition to international conventions, the rules of arbitral institutions, the provisions of national legal systems, court and arbitral precedents (within the limits stated below), and the parties’ intention are all to be taken into account.
An outline of each separate source of international arbitration law will now be given.
3.1. International Conventions
International Conventions are traditionally classed as multilateral or bilateral. Under the Vienna Convention on the Law of Treaties:
(a) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.
If multilateral conventions play the main role, the large number of bilateral conventions must not be disregarded. Bilateral conventions may be described as complementing multilateral conventions and intervening, for example, where they are not applicable or are less favourable.
CHAPTER 3 : THE SOURCES OF INTERNATIONAL ARBITRATION LAW
3.1 International Conventions
3.1.1 Multilateral Conventions
3.1.2 Bilateral Conventions
3.2 The Intention of the Parties
3.3 Rules of Arbitral Institutions
3.4 Arbitrators’ Alternative Ruling
3.5 National Legal Systems
3.6 Substantive Rules of International Arbitration – Mandatory Rules
(a) Arbitral Precedents
(b) Court Precedents
3.8 International Arbitration Moots
3.9 The Schools of Arbitration