New article by Joanna Jemielniak – University of Copenhagen

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23 March 2015

New article by Joanna Jemielniak

In her new article “Transnationalization of Domestic Law in International Commercial Arbitration Through Comparative Analysis: Challenges for Legal Profession”, recently published in Contemporary Asia Arbitration Journal (Vol. 7, No 2/2014, pp. 309-340), Joanna Jemielniak explores how the readapted practice of comparative analysis in arbitration differs from the one developed by the domestic courts, and seeks to explain reasons, as well as consequences of this phenomenon.

The comparative method is also perceived as a lens, focusing a number of key issues in arbitration, including its specific functional and legal setting, impact on legal profession and the dynamics of regional developments. The discussion of the role of comparative approach in arbitration focuses on substantive law considerations, but it also refers to the issue of reconciling competing procedural standards in cross-cultural cases. The main goal of the paper is thus to unveil particularities of comparative method in arbitration, to explain its unprecedented popularity in this field and to demonstrate how it is being used as an instrument for what has been characterized as the arbitrators’ “inclination to ‘transnationalise’ the rules they apply”.

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