Does the Word “BRICS” Contain Law? On Legal Hegemons, Aromas of Law and Arbitration Revolution

Global Jurist. 2026. Vol. 26. No. 1. P. 25–45.

Galperin M.

This article examines the potential for the BRICS coalition to displace the
Anglo-American legal narrative as the global hegemon. To address this task, it critically
analyzes the concept of legal hegemony, state practice, and international
business customs. The central conclusion is that while BRICS holds the potential for
future legal leadership, there are currently no tangible signs that it will supplant the
common law tradition developed in the United Kingdom and the United States.
However, the analysis suggests that the identity of the adjudicator and the methods
of legal interpretation – such as how evidence is assessed and judgments are substantiated
– may be more significant than the substantive law applied to a case. The
author posits that through autonomous interpretation by arbitrators from the Global
South, national legal systems can evolve, gaining new meanings and expanding
beyond their original contexts. Analogous to open-source software – a collaboratively
developed global public good – BRICS law could potentially evolve into a
decentralized, open-source legal system, offering a distinct alternative to a centralized,
Imperial legal narrative.

Keywords: сравнительное правоведение, international arbitration, международный арбитраж, law and economics, право и экономика, comparative law, competition of legal systems, конкуренция правовых систем