Discusses the law applicable to the international arbitral procedure.
Written in 2009; 1,890 words; 9 sources; MLA; $ 60.95
Paper Summary:
This paper explains that the arbitral procedure refers to the various stages involved in the adjudication of a dispute by one or a panel of arbitrators leading to the rendering of an arbitral award. In the case of international arbitration, the author stresses it is necessary to determine which law is going to apply to such a procedure. The paper underscores that the freedom of the parties andof the arbitrator to select the applicable law to the arbitral procedure is broad and may extend well beyond the reference to legal norms; however, the respect of a procedural public order remains the main basic limit to such freedom given the adjudicatory nature of arbitration. The paper includes footnotes instead of a works cited page.
Table of Contents:
The Significant Freedom of the Parties in the Adoption of the Procedural Law
The Impact of the Localization of the Arbitration
The Ability of the Parties to Resort to Any Law
The Default Role of the Arbitrator in Charge of Filling the Vacuum Juris
A Duty to Make a Decision on the Applicable Law
The Respect of a Transnational Procedural Order
From the Paper:
"In any event, the freedom of the parties and, in case of default, the freedom of the arbitral tribunal remain subject to the respect of some procedural principles. Indeed, the dual nature of arbitration, both contractual and adjudicatory, requires its actors to take into account some kind of "transnational procedural public order". This notion of procedural public order usually includes similar principles found in most domestic laws on arbitration (as well as institutional rules) such as the equality of the parties, the adversarial principle or the duty to act independently and impartially."
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