Choice of Law in International Commercial Arbitration

By Okezie Chukwumerije | Go to book overview

CHAPTER ONE
General Introduction

Of all mankind's adventures in search of peace and justice, arbitration is among the earliest. Long before law was established, or courts were organized, or judges had formulated principles of law, man had resorted to arbitration for resolving of discord, the adjustment of differences and the settlement of disputes. 1


INTRODUCTION

The objective of this introductory chapter is to identify the characteristics of arbitration, to examine what makes an arbitration international, and to outline the reasons for the increasing use of arbitration. The chapter also analyzes the various theories that seek to explain the nature and functioning of arbitration, and concludes by examining the role that international conventions have played and continue to play in the growth and regulation of international commercial arbitration. The following discussion relates to international commercial arbitration, which is the focus of this book; some of the points made are not necessarily applicable in the area of national (domestic) arbitrations.


CHARACTERISTICS OF ARBITRATION

The question, what is arbitration? often engenders an urge to define the concept. We will shrug off this urge; instead, we will examine some definitions of arbitration proffered by learned writers and extract from these definitions the essential characteristics of the process of arbitration.

R. David defines arbitration as

a device whereby the settlement of a question, which is of interest for two or more persons, is entrusted to one or more other persons--the arbitrator or arbitrators--

-1-

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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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