ANALYSIS OF THE RIGHTS USED IN INTERNATIONAL COMMERCIAL ARBITRATION
Keywords:
Party Autonomy, National Law And International Law, International Conventions, Lex MercatoriaAbstract
Disputes arising between the parties are regulated through the legal system established in the contract. The priority of law chosen in the contract is of great importance in the interpretation of the contract, in determining the rights and obligations of the parties, and in ensuring the priority of execution. This means not only the conclusion of a bilateral or multilateral contract between the parties, but also the dispute arising from it when the terms of the contract are violated. the resolution of the issue plays an important role. The field of law used when a dispute arises may also include legal norms against each other. The autonomy of the parties means the freedom of the parties to choose the law applied to them in the contract. Through this article, the rights applied to the dispute arising from the contract concluded between the parties It describes in detail the types and parties' freedom of voluntary choice in dispute resolution. In addition, it is stated which legislation will be used to decide if the parties do not choose the right and which priority will be taken into account when faced with conflicting norms.
References
European Convention on International Commercial Arbitration. Geneva , 21 April 1961
CONVENTION relating to the settlement of investment disputes between States
and foreign persons Washington, March 18, 1965DICEY & MORRIS, THE CONFLICT OF LAWS, 755-56 (1980 10th ed.)
Gary Born, International Commercial Arbitration (3rd edn, 2009).
Party Autonomy and Beyond: International Acceptance of Choice of Law in Contracts, 20 Emory Intl. L. Rev. 511 (2006)
Kronke, Herbert, The UN Sales Convention, The UNIDROIT Contract Principles and the Way Beyond, Journal of Law and Commerce, 25 (2005-2006), at 454
ICC Award in Case No 12111, 2003, ICC International Court of Arbitration Bulletin, 21-1 (2010), at 78
Willis L.M. Reese, “Dépeçage: A Common Phenomenon in Choice of Law” (1973) 73
Columbia Law Review 58 at 58.
Mo Zhang, Party Autonomy and Beyond: International Choice of Law in Contracts
welcome, 20 Emory Intl L. Rev. 511 (2006)
Margaret L. Moses Chicago Law School Loyola University Rustambekov Islambek Rustambekovich translation UDC 341.6 (075)(575.1)
Application of Law in Arbitration, Ex Aequo et Bono and Amiable Compositeur Article
NILR - 1993 International commercial arbitration ; the conflict of laws issues in determining the applicable substantive law in the context of investment agreements
arbitration
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