This article analyzes the development of a growing body of procedural case law or “precedent” in international arbitration and was first published in Revue de l’Arbitrage 2023 - N° 1. While the use of precedent is usually discussed in relation to substantive decisions rendered by arbitral tribunals, no study exists to date dealing specifically with procedural precedent. In this article, we look at this novel concept and examine its application in arbitral practice. Having conducted empirical studies on procedural decisions rendered by ICC and ICSID tribunals, the authors set out interesting divergences in the use of procedural precedent depending on the type of arbitration (commercial or investment), and the procedural question at stake (jurisdictional issues, requests for interim measures, etc.).
