| International commercial arbitration tribunals encounter choice of law problems at three levels. They may need to determine the laws applicable to the arbitration agreement, the arbitral procedure, and the substance of the dispute. In determining and applying the applicable laws, arbitral tribunals also have to moderate the effect of contending national public policies on the arbitral process.;The perspective informing this thesis is eclectic; it stresses the dynamic interaction between the will of the arbitrating parties and the interest of various national legal systems in ensuring the fairness of the arbitral process and its respect for vital national interests. This thesis suggests that the survival of international commercial arbitration as a legitimate system of dispute resolution depends not only on its responsiveness to the wishes and needs of the participants, but, perhaps more crucially, on its respect for vital juridical interests.;This thesis analyses the various possible solutions to the choice of law problems faced by international commercial arbitrators. It focuses primarily on international arbitral practice and international conventions on arbitration. It also surveys judicial and legislative practices in selected jurisdictions, and examines existing juristic opinions on the issue. |
