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Books > Law > International law > Private international law & conflict of laws
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Conflict of Laws and Arbitral Discretion - The Closest Connection Test (Hardcover)
Loot Price: R4,682
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Conflict of Laws and Arbitral Discretion - The Closest Connection Test (Hardcover)
Series: Oxford Private International Law Series
Expected to ship within 12 - 19 working days
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Arbitration is the dispute resolution method of choice in
international commerce, but it rests on a complex legal foundation.
In many international commercial contracts, the parties will choose
the law governing any future disputes. However, where the parties
do not choose a governing law, the prevailing approach in
arbitration is to afford arbitrators broad and largely unfettered
discretion to choose the law considered most appropriate or most
applicable. The uncertainty resulting from this discretion
potentially affects the parties' rights and obligations, the
performance of their contract, the presentation of their cases, and
negotiations undertaken to settle their disputes. In this text, Dr
Benjamin Hayward critically reviews the prevailing approach to the
conflict of laws in international commercial arbitration. The text
adopts a focused and detail-oriented analysis - being based on a
study of more than 130 sets of arbitral laws and rules from around
the world, and drawing heavily on arbitral case law. Nevertheless,
it remains both practical and accessible, taking as its focus the
needs and expectations of commercial parties, who are the ultimate
users of international commercial arbitration. This text identifies
the difficulties that result from resolving conflicts of laws
through broad and unconstrained arbitral discretions. It
establishes that a bright-line test would be a preferable way to
resolve arbitral conflicts of laws. Specifically, it recommends a
modified Art. 4 Rome Convention rule as the ideal basis for law
reform in this area of arbitral procedure.
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