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The Arbitrator's Discretion in Conflict of Laws Matters

The Arbitrator's Discretion in Conflict of Laws Matters Article 1(1) of the Cisg in International Arbitration

Paperback (01 Mar 2022)

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Publisher's Synopsis

For international commercial disputes, international commercial arbitration and the CISG together can provide a neutral platform. However, it is unclear whether arbitrators are bound by the CISG. This thesis first examines the legal nature of the CISG's application rules, finding that they constitute private international law, which leads to the fundamental matter of whether arbitrators are bound by PIL. International public and European law and legal practice are studied to answer this question, and in the end, a binding nature of PIL in arbitration is rejected. Finally, a cursory look is also taken at the binding effect of substantive law generally in arbitration.

Book information

ISBN: 9783848784769
Publisher: Nomos Verlagsgesellschaft
Imprint: Nomos Verlagsgesellschaft
Pub date:
Language: English
Number of pages: 196
Weight: 4386g
Height: 226mm
Width: 152mm
Spine width: 0mm