“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.
