Chapter

Mixing Legal Cultures in International Arbitration:

Peter Malanczuk

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI: http://dx.doi.org/10.5790/hongkong/9789622098510.003.0002
Mixing Legal Cultures in International Arbitration:

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Based on the experience of the Iran–United States Claims Tribunal, this chapter argues for the multi-cultural composition of the arbitrators in tribunals. This tribunal was created under unique circumstances, considering the diverse ideological premises of the parties, their political and military confrontation, and the volume of the economic interests at issue, and this was often reflected in the difficulties of its operation in practice. In that particular instance, Iran and the United States each appointed three arbitrators from their own countries. Since their national legal systems were as different as their languages, cultures, and religion, these differences were further complicated by the diversity of the backgrounds and legal traditions of the third-country arbitrators from Sweden, Germany, Switzerland, Argentina, Poland, Finland, The Netherlands, and Italy. This made tribunal proceedings and decision in terms both of the procedure and the substantive law truly multicultural.

Keywords: multicultural tribunal; Iran; United Sates; third-country arbitrators; legal culture; international court

Chapter.  7029 words. 

Subjects: Sociolinguistics

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