Law Commons^™

Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens

Pepperdine Dispute Resolution Law Journal

The bulk of the comparative work of an arbitration counsel will go towards finding effective means of persuading a tribunal. It is part of his advocacy tool kit. Typically, there are three distinct ways in which counsel would then deploy these tools in practice: (1) he could use comparative law to explain law foreign to the tribunal in a manner helpful to his case, (2) he could use it as a means to close legal gaps in the law applicable to the dispute, and (3) he could use it to extract general principles of international law or trade usages. This …