The Closest Connection Test Hayward, Benjamin Primary Author mixed material bibliography Oxford Oxford University Press 2017 monographic en English

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319 p 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 prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes. In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Arbitration agreements, Commercial Business Law 341.5229780198787440 Podomoro University Digital Library 341.522 Hay c 2017.12.3056 My Library 341.522 Hay c conflict.jpg.jpg 3215 2018-01-25 11:48:49 2018-02-02 17:44:23 machine generated