Conflict of laws and arbitral discretion : the closest connection test / Benjamin Hayward.

[New York] : Oxford University Press, [2017]

1 online resource : illustrations (black and white).

Oxford private international law series.

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. This text critically reviews the prevailing approach to the conflict of laws in international commercial arbitration.

Previously issued in print: 2017.
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. This text critically reviews the prevailing approach to the conflict of laws in international commercial arbitration.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on November 21, 2017).

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Print version :

Oxford Academic.
Oxford legal research library.

English

Specialized.

9780191829475 (ebook)

Monographs & Serials
Electronic Resources