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Books > Law > International law > Private international law & conflict of laws
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Overriding Mandatory Rules in International Commercial Arbitration (Hardcover)
Loot Price: R2,976
Discovery Miles 29 760
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Overriding Mandatory Rules in International Commercial Arbitration (Hardcover)
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Arbitrators, unlike judges, are appointed by parties to resolve
their transactional disputes. Because of such contractual
appointment, arbitrators gain their authority from the parties, and
thus must apply the law chosen by the parties to the dispute before
them. However, there are overriding mandatory laws of other
jurisdictions, that due to their imperative character may claim
application to the dispute. The arbitrator, as a private
adjudicator, has a duty to resolve a potential conflict that may
arise between the law chosen by the parties and another mandatory
law(s) that claims application and is not chosen by the parties.
Overriding Mandatory Rules in International Commercial Arbitration
discusses the applicability of mandatory rules of law in
international commercial arbitration and addresses the concerns of
the arbitrators and judges at various stages of arbitration and the
recognition and enforcement of the award respectively. Legal
scholars researching the law applicable in international commercial
arbitration will find the answers they require within these pages,
as will students. It will also prove helpful to practitioners,
including arbitrators, judges and attorneys, as they deal with
mandatory rules in practice.
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