Author: George A. Bermann*
Published: May 2017
Description:
I. INTRODUCTION
A steady preoccupation of international arbitration has been the extent to which international arbitral tribunals should distance themselves in their conduct and practices from the conduct and practices of national courts. That distance is noticeably variable as one moves from one aspect of the adjudicatory process to another. Variable as well among aspects of the adjudicatory process is the degree of consensus as to what that distance on any given issue should be.
*Professor of Law, Columbia Law School, and Director, Center for International Commercial and Investment Arbitration (CICIA). This article is an adaptation of a contribution to the Liber Amicorum in honor of Lawrence Craig.