International Commercial Arbitration
The Choice of Law Applicable to the Merit of Litigation
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The present study is limited to the analysis of problems arising from the selection of the law applicable to the merits of the dispute in international commercial arbitration. Arbitration is the means par excellence for the resolution of international commercial disputes. Although the origin of the institute goes back several centuries, in the last decades it has been given increased attention to its use in international trade practices. However, as a result of the complexity inherent to its legal nature, together with the duty to respect the guiding principles of Private International Law, se...
The present study is limited to the analysis of problems arising from the selection of the law applicable to the merits of the dispute in international commercial arbitration. Arbitration is the means par excellence for the resolution of international commercial disputes. Although the origin of the institute goes back several centuries, in the last decades it has been given increased attention to its use in international trade practices. However, as a result of the complexity inherent to its legal nature, together with the duty to respect the guiding principles of Private International Law, several problems arise from its use in transnational situations. The main objective of this work will be to present the matter on the process and object of the choice of the law applicable to the merit of the dispute in international commercial arbitration, where the analysis of the principle of autonomy of the will of the parties will be relevant, as well as the inquiry about the extension ofthe powers that are granted to the arbitral tribunal, in case they have not agreed in that sense.
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