This Dossier examines the issue of applicable law in international arbitration and tackles some of the complex questions through a series of short essays that may arise for arbitrators during a case, such as:
- What role do parties play in determining the applicable law decisions in the course of international arbitrations?
- Are the 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?
Dossier XI of the ICC Institute of World Business Law provides a useful compilation of essays on this subject, and will give a thorough picture of the practical issues around the application of substantive law that frequently arise in international arbitrations.