International Commercial Arbitration in Asia and the Choice of Law Determination

Harisankar K.S. 'International Commercial Arbitration in Asia and the Choice of Law Determination'. Journal of International Arbitration 30, no. 6 (2013): 621–636.

20 Pages Posted: 22 Jan 2014

Date Written: October 15, 2013

Abstract

The article essentially deals with the choice of law process associated with three principal aspects of applicable laws in international commercial arbitration, namely, the law governing arbitration agreements, the law governing arbitral procedure and the law governing the substantive merits of the dispute. This research is of significance as these different aspects of arbitration (the agreement, the procedure and merits of the dispute) are commonly subjected to different laws. As a precursor, the introductory part of this article discusses the evolution and present position of international commercial arbitration in the region. The following chapter sets out the basic interaction between private international law and international commercial arbitration, as well as an overview of the choice of law process, which by and large is treated as the essential stage of a conflict of laws methodology. This section of the article gives a brief sketch of the conflict of laws system in ascertaining the applicable laws relating to the three elements of an international arbitration process, placing a focus on different approaches adopted by some of the more important arbitral-legal systems in Asia. As a disclaimer, the other two important questions of private international law, jurisdiction and enforcement of foreign awards, are not part of this discussion.

Suggested Citation

Sathyapalan, Harisankar Kadavil, International Commercial Arbitration in Asia and the Choice of Law Determination (October 15, 2013). Harisankar K.S. 'International Commercial Arbitration in Asia and the Choice of Law Determination'. Journal of International Arbitration 30, no. 6 (2013): 621–636.. Available at SSRN: https://ssrn.com/abstract=2382511

Harisankar Kadavil Sathyapalan (Contact Author)

NUS Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

Register to save articles to
your library

Register

Paper statistics

Downloads
217
Abstract Views
1,253
rank
142,814
PlumX Metrics