The Application of Substantive Law by International Arbitrators

The Application of Substantive Law by International Arbitrators examines issues that can arise when international arbitrators apply the rules of a national legal system. During arbitral proceedings, parties expect arbitrators to apply the law they have chosen, which is not necessarily their own. Furthermore, arbitrators are often faced with complex questions such as:

How should the contents of the applicable law be proved by the parties?

Are arbitrators free to ascertain the applicable rules of law independently from the parties?

Are arbitrators bound by judicial precedents established by the courts of the country the law of which applies?

How should arbitrators deal with possible contradictions between the applicable law and the clauses agreed by the parties in their contract?

Arbitrators will have to find the right balance between these conflicting needs on a case to case basis, taking into account all the relevant circumstances.

Dossier XI of the ICC Institute of World Business Law will give you a thorough picture of the practical issues raised when there is contradiction between the applicable law and the needs of international business. The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession.

The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

Details :

Table of contents :

• Dossier XI of the ICC Institute of World Business Law
• FOREWORD by Yves Derains
• INTRODUCTION by Fabio Bortolotti
• ARTICLES
• 1)  Choice of the Applicable Law by the Parties
• 2) The Raising Ex Officio of New Issues of Law
• 3)  “Proving” the Contents of the Applicable Substantive Law(s)
• 4) The Predictability Paradox
• 5) To What Extent Should Arbitrators Respect Domestic Case Law?
• 6) Can Arbitrators Deal With Hierarchical Conflicts of Laws
• 7) Resolving Conflicts between Contractual Clauses and Specific Rules of the Governing Law
• 8) Substantive Applicable Law in International Arbitration: an Arbitrator’s Perspective
• 9) The Interpretative Law-Making of Investment Tribunals
• 10) How to Comply with the Applicable Law while Taking Into Account the Expectations of the Parties and the Needs of International Commerce
• 11) Conclusion
• Contributors
• Key-word Index
• Table of cases
• ICC Tools for Dispute Resolution
• ICC at a glance