Conflict of Laws Issues in International Arbitration: Practice and Trends

Arbitration International, Vol. 9, 1993

22 Pages Posted: 14 Jan 2012

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Date Written: December 1, 1993

Abstract

This paper examines the different methods of conflict of laws or private international law that arbitrators follow in order to determine the proper law or applicable substantive law of a contract when the choice of law provision is absent. It is shown that there are two principal trends in those methods that lead respectively to the theories of localization and delocalization or denationalization of international arbitration.The arbitrator's freedom of will plays an important role towards such denationalization. However, to what extent arbitrators can exercise that freedom is a matter of some controversy. On the issues of choice of law theory and practice, the paper attempts to offer some practical insights.

Keywords: Choice of Law, Conflict of Laws, Arbitration, Arbitral Freedom

Suggested Citation

Maniruzzaman, A. F. M., Conflict of Laws Issues in International Arbitration: Practice and Trends (December 1, 1993). Arbitration International, Vol. 9, 1993. Available at SSRN: https://ssrn.com/abstract=1342307

A. F. M. Maniruzzaman (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

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