Choice of forum and laws in international commercial arbitration

著者

• Nygh, P. E. (Peter Edward)

書誌事項

Choice of forum and laws in international commercial arbitration

Peter Nygh

（Forum internationale, no. 24）

Kluwer Law International, c1997

注記

Cover title

Bibliography: p. 28-33

内容説明・目次

内容説明

International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence; the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen. An answer has also been suggested to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (regles d'application immediate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.

目次

• The autonomy of the parties
• does arbitration have a forum?
• the arbitration clause as an independent source of the arbitrator's authority
• the choice of the arbitral seat
• choice of law as regards the arbitration agreement
• the scope of the law governing the arbitration agreement
• the substantive law to be applied by the tribunal
• the law governing procedure
• mandatory rules.

「Nielsen BookData」 より

詳細情報

• NII書誌ID(NCID): BA37940834
• ISBN:
  • 9041104925
• 出版国コード: ne
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: The Hague
• ページ数/冊数: ii, 33 p.
• 大きさ: 25 cm
• 親書誌ID:
  • BA0031815X