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Conflict of laws and arbitral discretion. The closest connection test

Hayward, Benjamin 2017, Conflict of laws and arbitral discretion. The closest connection test, Oxford University Press, Oxford, Eng..

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Title Conflict of laws and arbitral discretion. The closest connection test
Author(s) Hayward, BenjaminORCID iD for Hayward, Benjamin orcid.org/0000-0001-7409-7966
Publication date 2017
Series Oxford Private International Law Series
Total pages 319
Publisher Oxford University Press
Place of Publication Oxford, Eng.
Keyword(s) conflict of laws
choice of law
applicable law
private international law
international arbitration
international commercial arbitration
procedural law
procedure
arbitral procedure
rules
discretion
closest connection
Summary 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.
ISBN 9780198787440
Language eng
Field of Research 180107 Conflict of Laws (Private International Law)
Socio Economic Objective 940405 Law Reform
HERDC Research category A1 Books - authored - research
ERA Research output type A Book
Copyright notice ©2017, Benjamin Hayward
Persistent URL http://hdl.handle.net/10536/DRO/DU:30090988

Document type: Book
Collection: Law
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