Jump to ContentJump to Main Navigation
Commercial Arbitration$
Users without a subscription are not able to see the full content.

Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 15 October 2019

Choice of the Proper law

Choice of the Proper law

Chapter:
(p.169) Chapter 9 Choice of the Proper law
Source:
Commercial Arbitration
Author(s):

Hong-Lin Yu

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861070.003.0009

This chapter explains the importance of proper law in arbitration, especially in ensuring a speedy resolution of the dispute. It first considers the importance of proper law from three aspects: the advantages of international commercial arbitration, the expectations of the parties, and the validity of arbitral awards. It then discusses the different types of proper law and how the proper law is determined for arbitration proceedings. It also examines the limitations on the parties' expressed choice of the proper law; the ‘implied choice of law’ test; the ‘closest and most real’ test; the three-step and two-step choice of law rules; application of international law as the proper law of a contract; application of general principles of law in ad hoc arbitration; application of the new lex mercatoria; and application of amiable composition.

Keywords:   proper law, arbitration, contract, international commercial arbitration, arbitral awards, implied choice of law test, closest and most real test, international law, lex mercatoria, amiable composition

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.