Spotlight On ... ‘The use of the comparative method in international arbitration scholarship’ – new article by Morad El Kadmiri

The article is published in (2020) Ius Comparatum 164-210, available here: 

The comparative method is central to the developments of international arbitration. The recurrent epistemological debates on the nature of comparative law and its relationship with method have constituted a hindrance to the developments of the subject thus redefined. Starting from the premise that method is particular to the individual who sets to study an object comparatively, the initial question also determines the method to deploy. Therefore, an awareness of both the gaze of the comparison and methodology is necessary. Since the comparative method is not pan-disciplinary, the question of methodology is specifically addressed. The second salient development of this paper is concerned with the contribution comparative law can make to the teaching of international arbitration. Uses and misuses of the comparative method are underlined. Identifying the educational function of comparative law as one of its principal facets and arbitration as belonging to the realm of practice, the reconciliation of these two components seems difficult. A critical investigation on the treatment of comparative law in the literature is conducted before discussing shortcomings and needs in a conclusion on the direction scholarship should take to challenge comparative issues in international arbitration.

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