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Conflict of Laws in International Arbitration

Ed. by Ferrari, Franco / Kröll, Stefan

VERLAG DR. OTTO SCHMIDT

    79,00 € / $111.00 / £72.00*

    eBook (PDF)
    Publication Date:
    December 2010
    Copyright year:
    2010
    ISBN
    978-3-86653-929-7
    See all formats and pricing

    Overview

    Aims and Scope

    Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict 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 confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.
    This very beneficial book is dealing with
    - the arbitration agreement,
    - the jurisdiction of the arbitral tribunal,
    - the law applicable to the merits and
    - the arbitration procedure.

    Supplementary Information

    Details

    xiii, 466 pages
    VERLAG DR. OTTO SCHMIDT
    Language:
    English
    Type of Publication:
    Monograph

    MARC record

    MARC record for eBook

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