Maxi Scherer, Andrew D Mitchell and Dharshini Prasad, ‘Sources of Procedural Law in International Dispute Settlement’ in Joanna Gomula, Stephan Wittich and Markus Stemeseder (eds), Research Handbook on International Procedural Law (Edward Elgar, 2024) 30–52

This chapter explores the diverse sources of procedural law applicable in international dispute settlement. It examines the foundational role of treaties, customary international law, and general principles of law recognized by civilized nations, providing a comprehensive analysis of how procedural norms are established and applied across different international forums, including the International Court of Justice, World Trade Organization, and various arbitral tribunals. Special attention is given to the distinctions between particular and generally applicable sources of procedural law, the influence of domestic laws, and the impact of arbitral rules and decisions. The chapter underscores the complexity and dynamism inherent in the procedural aspects of international dispute resolution, highlighting the interplay between global legal traditions and the evolving needs of international adjudication.