Conflict of laws and arbitral discretion the closest connection test
Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the preva...
| Other Authors: | |
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| Format: | Book |
| Language: | Inglés |
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Oxford, United Kingdom : New York, NY :
Oxford University Press
2017
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| Edition: | First edition |
| Series: | Oxford private international law series
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| Subjects: | |
| See on Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991005364409706719 |
Table of Contents:
- Introduction and context
- The current regulation of conflicts of laws in International commercial arbitration
- Identified issues in the current regulatory regime
- A proposed solution : a bright-line test
- A proposed bright-line test : the closest connection test
- A proposed closest connection test : the (modified) Art 4 Rome Convention Rule
- Implementation and conclusion
- Appendix 1. Draft submission on the conflict of laws, for use in a model law Seated Arbitration
- Appendix 2. Draft application for the setting aside of an award on conflict of laws grounds, for use in relation to a model law Seated Arbitration
- Appendix 3. Draft procedural order, on the conflict of laws
