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Conflict of Laws in International Arbitration

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Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of 'conflict of laws' problems relating to procedural questions, as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no lex fori in the proper sense, providing the relevant conflict rules to determine the applicable law. This raises the question of which conflict of laws rules apply and, consequently, the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This book examines the arbitration agreement, the jurisdiction of the arbitral tribunal, the law applicable to the merits, and the arbitration procedure.

Language: English

Pages: 480

Format: Paperback

Publisher: Sellier European Law Publishers

Release: January 01, 2011

ISBN: 3866531702

ISBN 13: 9783866531703

Conflict of Laws in International Arbitration

0/5 ( ratings)

Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of 'conflict of laws' problems relating to procedural questions, as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no lex fori in the proper sense, providing the relevant conflict rules to determine the applicable law. This raises the question of which conflict of laws rules apply and, consequently, the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This book examines the arbitration agreement, the jurisdiction of the arbitral tribunal, the law applicable to the merits, and the arbitration procedure.

Language: English

Pages: 480

Format: Paperback

Publisher: Sellier European Law Publishers

Release: January 01, 2011

ISBN: 3866531702

ISBN 13: 9783866531703

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