(SUBSTANTIVE) SOFT LAW AS A TOOL IN THE SERVICE OF INTERNATIONAL COMMERCIAL ARBITRATION

International arbitration is, by its very nature, exposed to the regular convergence of different legal systems within the same dispute. This convergence may be objective, because the national laws of different states are involved, or it may be subjective (and less obvious), because the different parties to the dispute have their own background from different legal systems. This mismatch may become relevant when the one who must resolve the dispute has a different legal background from the law to be applied. In this scenario, the tools of substantive soft law, which harmonise different legal systems, may be useful in bridging this gap in the field of international arbitration, offering arbitrators and parties a common framework from which to interpret the law applicable to the merits.