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3 Applicable Laws

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 24 June 2024

Subject(s):
Arbitral agreements — Choice of law — Conflict of laws — Sources of international law — Arbitration, procedure — Foreign judgments, recognition and enforcement, procedure — Arbitral tribunal

This chapter covers the applicable laws imposed by arbitral tribunals for the process of international arbitration. It explains that law governs the contracts conducted in line with international arbitration. Moreover, arbitration is regulated by specific rules of procedure agreed upon by the law of the arbitration place, parties, or the arbitral tribunal. Mostly, modern laws of arbitration leave parties and arbitrators free to decide on the specificity of the procedures as long as both parties are treated equally. On the other hand, international arbitration tends to involve more than a single system of law or legal rules. The chapter also notes the laws governing the terms of arbitration and substance.

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