The Scope of Mandatory Provisions of Procedural and Substantive Law Binding Upon a Court of Arbitration
ABSTRACT:
The scope of binding mandatory provisions of procedural and substantive law seems to be one of the most important problems of arbitration, especially international arbitration. It is connected to ...
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read moreApplication of Law in Arbitration, Ex Aequo et Bono and Amiable Compositeur
ABSTRACT:
Arbitrators are basically obliged to make decisions according to applicable substantive law. Most lex arbitri, however, allow for decision making according to principles of equity (ex aequo et bono) ...
page 25 - 52
read moreThe Nature of the Burden and Standard of Proof in International Commercial Arbitration
ABSTRACT:
The process of establishing facts in international arbitration is of essence. Scholars and practitioners alike have often discussed issues such as taking of evidence and related questions. Yet, ...
page 53 - 70
read moreThe Law Applicable to Arbitration Agreements – „Lex Arbitri“ or „Lex Causae“ of the Principal Contract?
ABSTRACT:
International commercial arbitration does not exist in a legal vacuum. There are several laws and rules that may be applicable to it. One of them is the law governing the arbitration agreement. ...
page 71 - 88
read moreIs Lex Mercatoria Jeopardizing the Application of Substantive Law?
ABSTRACT:
Dipl.-Jur. Leonid Shmatenko is a Junior Fellow and Doctoral candidate at the Chair of German and Foreign Public Law, European Law and Public International Law at the Heinrich-Heine-University of ...
page 89 - 108
read moreCause of Action in Investment Arbitration
ABSTRACT:
A set of new legal instruments has emerged in investment law since investment disputes arose. Arbitrators have focused on such instruments to the detriment of conservative procedural principles. The ...
page 109 - 122
read moreDetermination of Substantive law by International Commercial Arbitration in Russian law, ICAC Rules and Arbitration Practice
ABSTRACT:
The article is devoted to the specifics of the determination of applicable law by international commercial arbitration in Russian law, ICAC Rules and Arbitration Practice. It is noted that special ...
page 123 - 146
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