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The Board of Foundation: Forum internationale - Choice of Forum and Laws in International Commercial Arbitration (Paperback)
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The Board of Foundation: Forum internationale - Choice of Forum and Laws in International Commercial Arbitration (Paperback)
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International commercial arbitration raises issues other than the
choice of the law applicable to the principal contract. Autonomy
may have a wider meaning, extending beyond the choice of applicable
law to the choice of arbitration itself, and of the place or places
where it is to be conducted. Nor is it altogether clear what the
forum is, if any. This paper raises the fundamental question of
what gives the arbitrator his or her competence; the will of the
parties or the law of the seat of arbitration which the parties
may, or may not, have chosen. An answer has also been suggested to
the questions of which choice of law rules, if any, should be
applied by the arbitrators, to what extent arbitrators will apply
mandatory rules (regles d'application immediate), as well as which
law governs the procedural aspects and whether it has to be the
procedural law of a national system. The new English Arbitration
Act 1996 has also been taken into account.
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