The Application of Substantive Law by International Arbitrators

Beschreibung

The book examines issues that occur when international arbitrators apply the rules of a national legal system and the complex questions which arise. It gives a thorough picture of the practical issues raised when there is contradiction between the applicable law and the needs of international business. It includes 11 articles, written by experienced professionals and academics in international business law: • Choice of the Applicable Law by the Parties • The Raising Ex Officio of new issues of law • “Proving” the contents of the Applicable Substantive Law(s) • The Predictability Paradox • To what extent should Arbitrators respect Domestic Case Law • Can Arbitrators deal with Hierarchical Conflicts of laws • Resolving Conflicts between Contractual Clauses and Specific Rules of Governing Law • Substantive Applicable Law in International Arbitration: an Arbitrator’s Perspective • The Interpretative Law-Making of Investment Tribunals • How to comply with the Applicable Law while taking into account the expectations of the Parties and the needs of International Commerce • Conclusion

Autor*in

Fabio Bartolotti

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ICC Arbitration

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