Legal interpretation and adjudicatory activism in international commercial arbitration
Bibliographic record
Abstract
This chapter discusses creative aspects of legal interpretation and the practice of adjudicatory activism in international commercial arbitration. It analyses cases in which arbitrators arrive at their decisions by reaching beyond the letter of the applicable law while acting either within the limits of their discretion or by exceeding them. In particular, it focuses on situations in which such activity leads to an expression, formulation, and consolidation of formerly unspecified rules. The chapter critically revisits dynamic theories of legal interpretation (formulated primarily in the context of litigation before the domestic courts), and examines their applicability to arbitration, in a form adjusted to specific demands of arbitral decision-making. It further examines particularities of interpretative practice in international commercial arbitration, related to application of the lex mercatoria principles, to amiable composition, and to public order considerations.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.009 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.003 |
| Science and technology studies | 0.005 | 0.029 |
| Scholarly communication | 0.012 | 0.008 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".