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Court Intervention in International Arbitration: The Case for Compulsory Judicial Internationalism Symposium
Part I sets out in more detail the proposed interpretive rule. It does so by explaining why the relevant international normative context should always matter when courts are called upon to resolve questions of international arbitration law to which local sources provide no clear answers. In Part H, I address the issue of how precisely that context ought to bear upon the interpretive process. In doing so, I highlight some important distinctions regarding how that context should bear upon the courts' reasoning depending on whether the issue in dispute is governed by uniform law instruments-such as the New York Convention or UNCITRAL's model arbitration law-or local provisions designed to give effect to such instruments. I conclude with a brief overview of other aspects of the courts' duty to consider the international normative context that I intend to explore in future research projects.
Court Intervention in International Arbitration: The Case for Compulsory Judicial Internationalism Symposium,
2012 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2012/iss1/6