General Principles Of International Commercial Contracts In International Commercial Arbitration, The Applicable Research

Application of law, as one of the significant points in international arbitration, has been becoming more complex, and also more important with the radical development of the world economy and the de-location of international arbitration, A correct dealing with the problems of application of law relates to the orientation of arbitration legislation, the environment of arbitrating and even that of rule by law and the arbitration charm in our country to the international businessmen. So, it is of great significance to do some researches on the application of a-national rules with the UNIDROIT Principles included in arbitration. This paper probe into the application modes of the UNIDROIT Principles, its functions in arbitration and the influence elements on its applications, last the significance to the arbitration in our country. It is divided into five sections.Section one is about the de-location of international arbitration and the application of a-national rules in such international arbitration, and also some probes into the nature of the UNIDROIT Principles, whatever of which is usages or customs, or the restatements of international contracts rules, the most important two parts , usual applicable rules in the international arbitration ,of those called a-national rules.Section two is about the application modes of the UNIDROIT Principles, which consists of choice by parties and that by arbitral tribunal .The former can be divided into positive choice and negative choice. Positive choice by parties means they explicitly or implicitly choose the UNIDROIT Principles and negative choice by parties means that they authorize the arbitral tribunal to choose the applicable law for the disputes between them. When the parties implicitly give a choice of law, the tribunal should and will interpret the implicit choice and in the event make the applicable laws also fell in the UNIDROIT Principles relating to the provisions of the UNIDROIT Principles in the General Provisions.