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

CONFLICT OF LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION, Ferrari, Kröll, eds., European Law Publishers, Munich, Forthcoming

NYU Law and Economics Research Paper No. 10-40

34 Pages Posted: 11 Sep 2010

See all articles by Linda Silberman

Linda Silberman

New York University School of Law

Franco Ferrari

New York University School of Law

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.

Suggested Citation

Silberman, Linda and Ferrari, Franco, Getting to the Law Applicable to the Merits in International Arbitration and the Consequences of Getting it Wrong. CONFLICT OF LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION, Ferrari, Kröll, eds., European Law Publishers, Munich, Forthcoming, NYU Law and Economics Research Paper No. 10-40, Available at SSRN: https://ssrn.com/abstract=1674605

Linda Silberman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
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212-998-6204 (Phone)
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Franco Ferrari

New York University School of Law ( email )

40 Washington Square South
Office 302A
New York, NY 10012-1099
United States
212-992-8123 (Phone)

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