Soft law in arbitration
Soft law in arbitration

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Soft law in arbitration
  • Practical guidance
  • Soft law

The term 'soft law' is used, in the context of arbitration, to describe sets of rules and guidance that are used to inform the arbitral process. These are not strict rules in the sense of national laws or institutional or ad-hoc rules contractually binding on the parties. Soft laws may be applied by agreement of the parties and/or at the tribunal's suggestion, or they may be used by the tribunal as an almost risk-free way for the tribunal to exercise procedural discretion guided by well-known and used norms.

A key to the success of soft laws is their applicability regardless of the laws, rules, nationalities, ethical and legal backgrounds of those involved in an arbitration. They are designed, to that extent, to 'level the playing field' for those involved.

This Practice Note provides links to some of the most well-known soft law and links to more detailed practical guidance.

Practical guidance

Procedures Ethics Evidence Party representation
Practical guidance