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The Law Applicable to the Merits of the Dispute

The Law Applicable to the Merits of the Dispute ABSTRACT: This paper critically examines in depth the various approaches that have been resorted to by arbitral tribunals to determine the law on the basis of which to address the substantive issues of a dispute. It shows that a conflict of laws analysis is necessary even where the parties to the dispute have chosen the applicable law and suggests normative solutions for ascertaining the applicable law. It also addresses, however, the consequences of an erroneous choice of law decision by the arbitrators in the context both of annulment and recognition and enforcement of arbitral award. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Revista Brasileira de Arbitragem Kluwer Law International

The Law Applicable to the Merits of the Dispute

Revista Brasileira de Arbitragem , Volume 7 (26) – Jun 1, 2010

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Publisher
Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1806-809X
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Abstract

ABSTRACT: This paper critically examines in depth the various approaches that have been resorted to by arbitral tribunals to determine the law on the basis of which to address the substantive issues of a dispute. It shows that a conflict of laws analysis is necessary even where the parties to the dispute have chosen the applicable law and suggests normative solutions for ascertaining the applicable law. It also addresses, however, the consequences of an erroneous choice of law decision by the arbitrators in the context both of annulment and recognition and enforcement of arbitral award.

Journal

Revista Brasileira de ArbitragemKluwer Law International

Published: Jun 1, 2010

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