Choice of Law in International Commercial Arbitration

By Okezie Chukwumerije | Go to book overview

Index
Agreement to arbitrate. See Arbitration agreement
Amiable composition, 117-22
application of legal rules, 118
contractual provisions, 120
long-term contracts, 119
mandatory rules of law, 119-20
A-national arbitrations. See Delocalization
Arbitrability law governing objective arbi
trability, 53-60
liberal treatment of in international arbitration, 60-61
objective arbitrability defined, 53
Arbitral awards, binding on the parties, 3
Arbitral jurisdiction founded on the arbitration
agreement, 2, 10-11
Kompetenz-Kompetenz, 32-34
Arbitral tribunal
and conflict of law rules of the forum, 40
domestic public policy, 44-45
duty to render enforceable awards, 55
no lex fori, 124
and procedural law of the place of arbitration, 76
social engineers, 115-16
Arbitration
characteristics, 1-3
liberal treatment of international arbitration, 3
reasons for increasing use of, 6- 9
theories of, 9-15; when international, 3-6
Arbitration agreement
basis of arbitrators' jurisdiction, 2, 29
cornerstone of arbitration, 29
party autonomy and applicable law, 34-35
Arbitration clause (also Clause compromissoire)
definition, 29
different applicable law, 34
different from substantive agreement, 30
juridical autonomy of, 30-34
Arbitrators. See Arbitral tribunal
Autonomy of the arbitration clause, 30-34
Autonomy of the parties. See Party autonomy
Choice of law by arbitrators, 124-26
conflict rules of place of arbitration, 126-28

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Choice of Law in International Commercial Arbitration
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface xi
  • Chapter One - General Introduction 1
  • Introduction 1
  • Notes 19
  • Chapter Two - the Arbitration Agreement 29
  • Introduction 29
  • Conclusion 61
  • Notes 62
  • Chapter Three - Law Governing Arbitration Proceedings 75
  • Introduction 75
  • Conclusion 97
  • Notes 98
  • Chapter Four - Law Governing Substantive Issues 107
  • Introduction 107
  • Conclusion 134
  • Notes 134
  • Chapter Five - Issues in the Law Applicable to State Contracts 143
  • Introduction 143
  • Conclusion 164
  • Notes 168
  • Chapter Six - Mandatory Rules of Law in International Commercial Arbitration 179
  • Introduction 179
  • Conclusion 194
  • Notes 194
  • Chapter Seven - Conclusion 199
  • Introduction 199
  • Selected Bibliography 205
  • Index 215
  • About the Author 219
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