- PII
- S1026-94520000617-6-1
- DOI
- 10.31857/S20000617-6-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 9
- Pages
- 81-90
- Abstract
- The article is devoted to the peculiarities of the determination of applicable law by international commercial arbitration. It contains the analysis of the choice by the parties of the dispute of rules of law, taking into account the special interpretation of this term in legislation and in the Rules, which includes not only the law, but alsо transnational rules, created for international commercial turnover. There are considered the methods of determination of applicable law by arbitrators, which are free from the application of the conflict of law rules of the place of arbitration. It is concluded that the tendency of denationalization of arbitration answers the intention of the participants of international trade to settle disputes in the neutral body to ensure the equal opportunities to defend their interests.
- Keywords
- international commercial arbitration, applicable law, interpretation of the term “rules of law”, applicable confl ict of law rules, direct choice of law, transnational law
- Date of publication
- 01.09.2010
- Number of purchasers
- 2
- Views
- 1190
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
THE DETERMINATION OF THE LAW APPLICABLE ON THE MERITS OF THE DISPUTE BY THE INTERNATIONAL COMMERCIAL ARBITRATION
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library