Forum Internationale: Choice Of Forum And Laws In Intl Commercial
This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen?
The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.
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- The Autonomy of the Parties
- Does Arbitration Have a Forum?
- The Arbitration Clause as an Independent Source of the Arbitrator's Authority
- The Choice of the Arbitral Seat
- Choice of Law as regards the Arbitration Agreement
- The Scope of the Law Governing the Arbitration Agreement
- The Substantive Law to be Applied by the Tribunal
- The Law Governing Procedure
- Mandatory Rules