Tulane Law Review Association
The law chosen to govern the merits of an international contract dispute does not always lead to results hat satisfy an arbitrator's personal sense of what is right. The arbitrator therefore may be tempted to resolve the dispute according to his own notion of justice. Seduced away from the rules of the otherwise applicable law, the arbitrator may take on unauthorized powers of amiable composition. While most international arbitrators are conscientious in respecting the bounds of their mission, some have been known to boast of their skill in finding ways to bypass the established rules of the party-chosen law. To circumvent the prescribed limits of their authority, they have discerned ‘emerging trends' that lead in a contrary direction, or invented new principles of trade usage and lex mercatoria.
National Law and Commercial Justice: Safeguarding Procedural Integrity in International Arbitration
Tulane Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1615