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Vol 21 No 10 Oct/Nov 2016

Book of the Month

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Criminal Injuries Compensation Claims

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Conflict of Laws in International Arbitration


ISBN13: 9783866531703
Published: January 2011
Publisher: Sellier
Country of Publication: Germany
Format: Paperback
Price: £75.00



Despatched in 5 to 7 days.

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 conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.

The very beneficial book is dealing with

  • the arbitration agreement,
  • the jurisdiction of the arbitral tribunal,
  • the law applicable to the merits,
  • the arbitration procedure.