Mandatory Treaty Application in Arbitration
This post has been viewed 2,826 times.
Ulrich G. Schroeter (University of Basel – Faculty of Law) has posted Mandatory Private Treaty Application? On the Alleged Duty of Arbitrators to Apply International Conventions on SSRN. Here is the abstract:
International arbitration, an institution that Pierre Karrer has shaped and influenced through his practical work as a leading international arbitrator as well as through his scholarly writings, aims at the peaceful settlement of disputes by practical, foreseeable and reasonably fast decisions, thereby eventually serving the development of international trade. The creation of uniform commercial law by way of international conventions is driven by a very similar aim, namely the removal of legal barriers in and the promotion of the development of international trade through the adoption of uniform rules governing international contracts. International arbitration and uniform law conventions generally act in a complementary manner by following reasonably consistent policy norms, one as a means of international dispute settlement, the other by creating an international ‘level playing field’ in the law governing the merit of disputes.
Read original articleTags:
