Record Detail Back
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 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.
Hayward, Benjamin - Personal Name
341.522 Hay c
9780198787440
341.522
Text
English
Oxford University Press
2017
Oxford
319 p
LOADING LIST...
LOADING LIST...
This software is based on SLiM and released 2017.
