By Gibbs R.C., Shapiro C.V.

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Statute of the Staple, 27 Edw. III, stat. 2 (1353) cc. 5, 6, 8 and 21. g. the ICC Rules of Conciliation and Arbitration (1998 revision), art. 17(1). 16 Since while a national judge is obliged to apply the conflict rules of his own jurisdiction as the lex fori, there is no particular nexus between an arbitrator and the place or seat of the arbitration and thus, on one view, no arbitral lex fori. However, views remain divided on this question. See further post 28, as to international trade usage and the conflict of laws.

29 (c) Scope Trade usage, like custom in public international law, may vary widely both in its sphere of influence and in its degree of specificity. g. bank documentary payment undertakings) but may be near-universal in geographical scope, whilst on the other hand there may be usages which apply to business activities generally but only within a defined geographical area or a particular legal family. In content the usage may express a very broad principle of required behaviour or a very specific one.

See post, 17 ff. Either geographical (as in the case of a commodities market) or organisational (as in the case of the financial markets). 31 See further post 18. 29 30 (B) Ziegel Ch1 18/3/98 12:53 pm Page 14 14 Roy Goode Just as the sphere of application of each trade usage grouping has no necessary relationship with that of the others, so also the level of generality or specificity of a usage is not necessarily related to the generality of specificity of its sphere of application. For example, the principle that a party cannot take advantage of his own fault to escape from a contract on the ground of his own or the other party’s inability to perform is a very broad principle which is not specific to a particular trade, location or legal system.

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