Originally From:
Towards A Uniform International Arbitration Law? Hardcover
Towards A Uniform International Arbitration Law? Electronic
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The Contribution of Arbitral Case Law and
National Laws
Marc Henry ∗
Words reveal our thoughts. The first seminar of Young
Arbitration Practitioners has chosen to discuss “The Current
Relevance of Transnational Rules.” Our fathers will question this
choice due to the ambiguity of the subject.
The relevance of transnational rules can be interpreted in
two ways. It could be a question of drawing up a list of the
transnational rules most commonly evoked. The resulting speech
relating to this catalogue would, however, risk being both tedious
and tiresome for the audience. The subject could also be
interpreted in a different manner, more favorable to debate. It
could be a question of demonstrating that the concept of
transnational rules constitutes the current primary reference, which
would seal the fate of a concept we have grown up with, i.e., Lex
Mercatoria.
Lex Mercatoria1 came into existence in 1964. Our
destinies seem linked. In 1979, during adolescence, Goldman
chose to question the reality and prospects of Lex Mercatoria.2
Following graduation, in 1987, Professor Lagarde dissected its
Marc Henry, Partner, Lovells, Paris
