Font Size: a A A

The Application Of Laws Of Substantial Issues In International Commercial Arbitration

Posted on:2011-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhengFull Text:PDF
GTID:2166360302499666Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of International commercial, increasing disputes bring the International commercial arbitration to a main way of solving problems. Therefore, application of substantial laws in international commercial arbitration becomes more important. There are two approaches to decide the application of law, firstly parties choose according to arbitration agreement; secondly arbitrator chooses according to rules of conflicts without indication of parties. Base on it developed a new way which is method of applying directly. Compared with international civil litigation, there are many ways for arbitrator to apply such as rules of conflict of place arbitration, native rules of arbitrators, rules of conflict of closed connection country and rules of conflict of those countries may be enforced.This thesis mainly focus on discussing and evaluating the practices of application of substantial laws in international commercial arbitration in the word, the first part of the paper makes an overview of it, and compare to the application of law of the courtyard; the second part illustrate traditional method in detail, explain the importance of autonomy of will of the parties and the types of conflict rules; the third part explains a new method of applying directly which contains domestic law,modern lex mercatoria,rules of International law and General principles of law. The last part make an.analyze of the actual state of our own country, on the basis of that, bring forward opinion and proposals that are valuable.
Keywords/Search Tags:international commercial arbitration, substantial issues, application of law
PDF Full Text Request
Related items