The Constructive Role of General Principles in International Arbitration
AbstractIn international arbitration, treaty standards, such as fair and equitable treatment (FET), general procedural norms, such as due process, and excuses for suspension of performance, such as the exceptio defense, draw on general principles of international law to clarify their interpretation and application. This article will (1) show what general principles of international law are, how they form and how they are distinct from general principles in domestic, public and private law systems; (2) illustrate their role with specific attention to their unique application in different international law contexts; (3) use the examples of FET, procedural norms and suspension of performance to show how general principles of international law are used in international arbitration; (4) warn against their inattentive, sloppy or haphazard use and application; and (5) ultimately highlight the benefits of incorporating general principles in international arbitration while proposing a precise methodology for their use.