While a hybrid, if not harmonized, procedural pattern has already emerged in the practice of international arbitration, common law and civil law arbitration lawyers may still benefit from continued study of each others’ traditions and attempts to merge approaches without sacrificing principles. This chapter identifies and comments on some of the areas where important cultural differences remain—including differences between the common law nations—and where further harmonization may be useful. We also indicate how some arbitral tribunals have dealt with this task, which is crucial to the successful working of international commercial arbitration.
In particular, we consider the different cultural approaches towards:
• examination of witnesses;
• the “inquisitorial” tribunal;
• written pleadings versus oral submissions;
• expert evidence;
• proof of foreign law;
• application of transnational commercial law; and