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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Conflict of Laws and Arbitral Discretion: The Closest Connection Test


ISBN13: 9780198787440
To be Published: January 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration. This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure.

Subjects:
Conflict of Laws, Arbitration and Dispute Resolution
Contents:
1: Introduction and Context
2: The Current Regulation of Conflicts of Laws in International Commercial Arbitration
3: Identified Issues in the Current Regulatory Regime
4: A Proposed Solution: A Bright-Line Test
5: A Proposed Bright-Line Test: The Closest Connection Test
6: A Proposed Closest Connection Test: The Modified Art.
4 'Rome Convention' Rule
7: Conclusion

Series: Oxford Private International Law

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£137.50
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The Arrest of Ships in Private International Law ISBN 9780199581351
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Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
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The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
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The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
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£135.00
The Anti-Suit Injunction ISBN 9780199287321
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Cross-Border Consumer Contracts ISBN 9780199276547
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£135.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£230.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
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£122.50
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£112.50
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
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£33.49
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
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£225.00
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£117.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£310.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
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£127.50
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
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£127.50
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
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£145.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£117.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
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Oxford University Press
£127.50
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
Oxford University Press
£112.50
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
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£105.00
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Enforcement of Judgments in Europe
Wendy KennettLecturer in Law, University of Keele
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Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
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The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
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£127.50
Autonomy in International Contracts ISBN 9780198262701
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Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
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£120.00
Declining Jurisdiction in Private International Law ISBN 9780198259596
Published August 1995
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£127.50