Font Size: a A A

A Study On The Application Of Law In International Commercial Arbitration

Posted on:2016-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
GTID:2176330461463402Subject:International Law
Abstract/Summary:PDF Full Text Request
International commercial arbitration law applicable in international commercial arbitration pr actice, namely how to choose the applicable law, the better it is for the tribunal settling disputes qu ickly and effectively safeguard the legitimate rights and interests of the parties is very important. This article focuses on the following three aspects:The first part of the law, international commercial arbitration agreements. International Com mercial Arbitration Agreement is directly related to the arbitration proceedings and rulings after a smooth start to make the right authority for the recognition and enforcement of the ruling. Questio n the validity of the law applicable to the arbitration agreement is the core of the problem. After co mparative study found that parties to a contract are free to choose the applicable law. When not sel ected, can be applied to law or arbitration award is made to the method to determine the validity of the arbitration agreement.The second part of the substantive law applicable to international commercial arbitration. In determining the law applicable to the arbitration tribunal to resolve disputes when the entity first a pplies the parties will choose the substantive law of arbitration desirable choice. If the parties fail t o select the substantive law of arbitration, the arbitral tribunal may then (also known as the law ap plicable law) in accordance with the guidelines and regulations conflict determine the substantive 1 aw of arbitration, you can choose the most suitable for the direct objective of the dispute in accord ance with the arbitration tribunal to resolve the situation to determine the merits of the dispute affa irs. At the same time, in practice the major arbitral institutions in addition to applicable rules of la w to resolve disputes while substantive issues in the case of strict application of the rule of law wil 1 cause severe verdict unfair, but also applies the principle of fair goodness resolve the dispute.The third part of international commercial arbitration law applies thinking. Applicable law on international commercial arbitration from the start of "foreign-related civil relations law applicabl e law," Analysis of how to determine the stage of international commercial arbitration in accordan ce with "the civil law applicable to foreign relations," the applicable law, combined with the legisl ative and judicial practice Among the problems, made the following suggestions:First, it should b e a clear distinction between the arbitration agreement and arbitration applicable substantive law; s econd, the legislation should be clear as the legal rules applicable to public law legal person involv ed in international commercial arbitration body; third, expanded can range arbitration matters; fou rth, to further improve the application of customary law merchant in our Commercial Arbitration; fifth, the establishment of friendly arbitration system.
Keywords/Search Tags:International Commercial Arbitration, Arbitration agreement, Substantive law, autonomy
PDF Full Text Request
Related items