The Arbitrator’s Duty to Respect the Parties’ Choice of Law in Commercial Arbitration
By Cindy G. Buys , February 8, 2012
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The author aims to demonstrate that mutually agreed-upon choice of law made by parties to an arbitration agreement arising out of a commercial transaction cannot be disregarded, provided there are no extenuating circumstances. She argues that domestic commercial arbitration is more similar to international commercial arbitration than to domestic litigation, and conflict of law rules that apply in international commercial arbitration should therefore apply domestically.
