П’ЯТЬ ПІДХОДІВ ДО ВИБОРУ ПРАВА АРБІТРАЖНОЇ УГОДИ В МІЖНАРОДНІЙ АРБІТРАЖНІЙ ПРАКТИЦІ (Five Choice of Law Approaches to the Arbitration Agreement in International Arbitration Practice)

2020 ◽  
Author(s):  
Juliia Kabrera
Keyword(s):  
International Arbitration ◽  
Choice Of Law

Mandatory Elements of the Choice-of-Law Process in International Arbitration: Some Reflections on Teubnerian and Kelsenian Legal Theory

2009 ◽  
pp. 243-266
Author(s):  
Matthias Weller ◽  
Eckart Gottschalk ◽  
Ralf Michaels ◽  
Giesela Ruhl ◽  
Jan von Hein
Keyword(s):  
Legal Theory ◽  
International Arbitration ◽  
Choice Of Law

Part III International Arbitration Agreements: Issues and Perspectives, 8 The Dangers of Neglect: Governing Law of Arbitration Agreements

2016 ◽  
Author(s):  
Kaplan Neil ◽  
Boltenko Olga
Keyword(s):  
International Arbitration ◽  
Choice Of Law ◽  
The Subject ◽  
The Law ◽  
Governing Law

This chapter argues that the issue of the law applicable to arbitration agreements has been neglected to such a tremendous extent that even the major arbitral institutions fail to include the choice of law provisions in their model arbitration clauses. As a result of that oversight, very rarely do the parties include the choice of law provision in their arbitration agreements, and many arbitrations degenerate into unnecessary debates as to which law applies. The time has come for parties to select explicitly the law that will govern their arbitration agreement, and perhaps more importantly, for the institutions to recommend that the parties select the law to govern their arbitration agreements. The various approaches offered by arbitration practitioners on the subject are discussed.

1 The Law Applicable to International Arbitration in New York

2016 ◽  
Author(s):  
Lindsey David M ◽  
Lahlou Yasmine
Keyword(s):  
New York ◽  
New York State ◽  
State Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
York State ◽  
Applicable Law ◽  
Foreign Law ◽  
New York Convention ◽  
The U.S

This chapter focuses on applicable arbitration law in the context of arbitration agreements and awards that fall under the New York Convention or the Panama Convention, and how those two treaties interact with the U.S. Federal Arbitration Act (FAA), New York state law, and possibly foreign law in the context of international arbitration in New York. It first summarizes the FAA and explains FAA preemption of state law that is inconsistent with the FAA. The chapter then discusses the application of the Conventions and difficult issues that can arise when determining the applicable law. In particular, it focuses on choice of law issues that arise when enforcing the agreement to arbitrate under Article II of the New York Convention. U.S. courts have struggled to employ a consistent choice of law analysis when interpreting the “null and void” provisions in Article II(3) of the Convention.

Liability Insurance in International Arbitration: Choice of Law Issues in 'Bermuda Form' Arbitrations

2004 ◽  
Vol 20 (3) ◽  
pp. 269-288
Author(s):  
R. Jacobs ◽  
P. Stanley ◽  
L. Masters
Keyword(s):  
Liability Insurance ◽  
International Arbitration ◽  
Choice Of Law

scholarly journals RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS

2018 ◽  
Vol 1 (1) ◽  
pp. 73-83
Author(s):  
Nádia de Araújo ◽  
Fabiola I. Guedes de C. Saldanha
Keyword(s):  
International Law ◽  
Legal Order ◽  
Private International Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Current Trends ◽  
Recent Developments ◽  
International Sale Of Goods ◽  
The Government

This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.

scholarly journals RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS

2018 ◽  
Vol 1 (1) ◽  
pp. 73-83
Author(s):  
Nádia de Araújo ◽  
Fabiola I. Guedes de C. Saldanha
Keyword(s):  
International Law ◽  
Legal Order ◽  
Private International Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Current Trends ◽  
Recent Developments ◽  
International Sale Of Goods ◽  
The Government

This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 19 Asian Principles of Private International Law: The Asian Principles of Private International Law and the Hague Principles

2021 ◽  
Author(s):  
Takasugi Naoshi ◽  
Elbalti Béligh
Keyword(s):  
International Law ◽  
Driving Force ◽  
Private International Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Rules And Principles ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Relationship

This chapter looks at the relationship between the Asian Principles of Private International Law (APPIL) and the Hague Principles. The APPIL are intended to be a non-binding instrument which includes a comprehensive set of principles on private international law (PIL) generally recognized among the different Asian jurisdictions. The main purpose of the APPIL is to provide guidance to possible future harmonization of PIL rules and principles in Asia. Compared to the Hague Principles which are limited only to the issue of choice law in international contracts based on the express or tacit will of the parties, the APPIL have much broader scope, including choice of law, international jurisdiction, the recognition and enforcement of foreign judgments, and judicial support to international arbitration. The chapter then outlines the history and the driving force behind the APPIL.

Part 1 General and Special Reports, 7 International Commercial Arbitration: Perspective on the Hague Principles in International Commercial Arbitration

2021 ◽  
Author(s):  
Gama Lauro ◽  
Girsberger Daniel ◽  
Rodríguez José Antonio Moreno
Keyword(s):  
International Law ◽  
State Court ◽  
Private International Law ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
International Commercial Arbitration ◽  
Party Choice ◽  
The Hague ◽  
Model Law

This chapter studies how the private international law rules of most jurisdictions have traditionally addressed State court litigation, without considering the specificities of international arbitration. Many nations have now created their own legislation for international arbitration or adopted the UNCITRAL Model Law on International Commercial Arbitration. These laws regularly contain their own rules dealing with parties’ choice of law on the merits. The chapter then explores choice of law in international arbitration with a particular view on the Hague Principles which are, as paragraph 4 of their Preamble discloses, intended to apply equally to courts and arbitral tribunals. It analyses the approach arbitral tribunals have taken when confronted with choice of law issues, and particularly a party choice of the law applicable to the merits of the dispute. The chapter also assesses whether it is correct and if so, for which reasons, and in which way, that commercial parties have a larger autonomy in arbitration, compared to litigation, to choose non-State rules of law, and which types of rules they may choose. Finally, it demonstrates why, how, and to what extent the Hague Principles can contribute to define, delineate, interpret, and supplement existing (conflict of law) regimes in the field of international arbitration.

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