The remarkable success of international arbitration has caused anxiety in the common law world. By taking cases away from courts, international arbitration causes a dearth of precedent in certain areas of the law and is perceived as a threat to the healthy development of the law. This article suggests that the cause could also be the cure: legal techniques used by international arbitration practitioners, who routinely have to cope with a dearth of case law, might be what common law practitioners need when deprived of precedents.
Ank Santens & Romain Zamour, Dreaded Dearth of Precedent in the Wake of International Arbitration - Could the Cause also Bring the Cure?, 7 Y.B. Arb. & Mediation 73 (2015).