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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.



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