The Arbitrator's Discretion in Conflict of Law Matters

The Arbitrator's Discretion in Conflict of Law Matters
Author :
Publisher :
Total Pages : 196
Release :
ISBN-10 : 3848784769
ISBN-13 : 9783848784769
Rating : 4/5 (69 Downloads)

Book Synopsis The Arbitrator's Discretion in Conflict of Law Matters by : Anna M. Lohmann

Download or read book The Arbitrator's Discretion in Conflict of Law Matters written by Anna M. Lohmann and published by . This book was released on 2022-02-28 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: For international commercial disputes, international commercial arbitration and the CISG together can provide a neutral platform. However, it is unclear whether arbitrators are bound by the CISG. This thesis first examines the legal nature of the CISG's application rules, finding that they constitute private international law, which leads to the fundamental matter of whether arbitrators are bound by PIL. International public and European law and legal practice are studied to answer this question, and in the end, a binding nature of PIL in arbitration is rejected. Finally, a cursory look is also taken at the binding effect of substantive law generally in arbitration.


The Arbitrator's Discretion in Conflict of Law Matters Related Books

The Arbitrator's Discretion in Conflict of Law Matters
Language: en
Pages: 196
Authors: Anna M. Lohmann
Categories:
Type: BOOK - Published: 2022-02-28 - Publisher:

DOWNLOAD EBOOK

For international commercial disputes, international commercial arbitration and the CISG together can provide a neutral platform. However, it is unclear whether
Conflict of Laws and Arbitral Discretion
Language: en
Pages: 352
Authors: Benjamin Hayward
Categories:
Type: BOOK - Published: 2017-01-05 - Publisher:

DOWNLOAD EBOOK

Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial c
Arbitral Discretion and Procedural Autonomy
Language: en
Pages: 6
Authors: Adams Rajab Makmot-Kibwanga
Categories: Law
Type: BOOK - Published: 2019-02-14 - Publisher: GRIN Verlag

DOWNLOAD EBOOK

Document from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, , course: MASTER OF LAWS IN OIL AND GAS, language: Englis
Arbitral Discretion in Resolving Conflicts of Laws - the Case for a Bright-line Closest Connection Test in International Commercial Arbitration
Language: en
Pages:
Authors: Benjamin Luke Hayward
Categories:
Type: BOOK - Published: 2014 - Publisher:

DOWNLOAD EBOOK

This dissertation establishes that the conflict of laws in international commercial arbitration - concerning the substantive law governing the merits of the dis
Procedure and Evidence in International Arbitration
Language: en
Pages: 1408
Authors: Jeffrey Waincymer
Categories: Law
Type: BOOK - Published: 2012-05-23 - Publisher: Kluwer Law International B.V.

DOWNLOAD EBOOK

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict