The Two-Way Mirror: International Arbitration as Comparative Procedure

In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of law will shed some light on the various legal systems from which the techniques of international arbitration have been drawn, and will raise for each reader some questions about the inevitability of the system to which he or she is accustomed.