Getting to the Law Applicable to the Merits in International Arbitration and the Consequences of Getting it Wrong

Abstract

This paper critically examines the importance of conflicts of laws rules in determining the law applicable to the merits. In doing so, it analyzes the various view taken on the issues both by commentators and arbitral tribunals. The paper also focuses on the consequences of an erroneous choice of law decision by the arbitrators in the context both of annulment and recognition and enforcement of arbitral award.