Towards a Hierarchy of Norms in Transnational Law?

Development summary

Moritz Renner’s article in the Journal of International Arbitration states that transnational law in international arbitration is based on private contracts and party autonomy. Drawing on arbitral practice, it argues that the obligation of arbitral tribunals to apply mandatory norms protecting public policy, regardless of the otherwise applicable law, contributes to transnational hierarchies of norms and a “constitutionalization” of transnational law.