Dossier XI: The Application of Substantive Law by International Arbitrators

This Dossier examines the issue of applicable law in international arbitration and tackles some of the complex questions through a series of short essays that may arise for arbitrators during a case, such as:

• What role do parties play in determining the applicable law decisions in the course of international arbitrations?
• Are the arbitrators free to ascertain the applicable rules of law independently from the parties?
• Are arbitrators bound by judicial precedents established by the courts of the country the law of which applies?
• How should arbitrators deal with possible contradictions between the applicable law and the clauses agreed by the parties in their contract?