Originally from World Arbitration And Mediation Review (WAMR)

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GENERAL PRINCIPLES OF LAW AND

TRANSNATIONAL RULES IN INTERNATIONAL
ARBITRATION: AN ENGLISH PERSPECTIVE
Prof. Loukas Mistelis∗

The question of the application of general principles of law
and transnational rules in international arbitration is a topic that
has attracted significant scholarly attention1 and is of
considerable practical relevance.2 Seen from the perspective of
English arbitral law and practice, the topic gains further in appeal
as there seems to be a marked discrepancy between theory
(traditionally reluctant in allowing application of non-national
standards) and practice (where there is a realization that nonnational
standards may in certain circumstances be relied upon
and applied by arbitral tribunals, as well as by courts, in the
context of international business matters and arbitral
proceedings). This paper explores the English approach to this
subject.

After a brief introduction (1), working definitions will be
proposed (2) and an analysis of the English arbitral law and
practice will be presented in respect of lex mercatoria and/or
transnational rules, general principles of business law and other
legal standards of relevance to international arbitration (3).