The Application of Substantive Law by International Arbitrators

"International arbitration and substantive applicable law" examines issues which may arise when international arbitrators apply the rules of a national legal system.

During arbitral proceedings, parties expect arbitrators to apply the law they have chosen. Unlike a state judge or domestic arbitrator applying his own law however, international arbitrators must gather the necessary information about the contents of the applicable law. Furthermore, they are frequently faced with complex questions such as:
. How should the contents of the applicable law be proved by the parties?
. Are the arbitrators free to ascertain the applicable rules of law independently from the parties?
. Are arbitrators bound by judicial precedents established by the courts of the country the law of which applies?
. How should arbitrators deal with possible contradictions between the applicable law and the clauses agreed by the parties in their contract?

The right balance between these conflicting needs can only be found on a case to case basis, taking into account all the relevant circumstances. Dossier XI of the ICC Institute of World Business Law will give you a thorough picture of the practical issues raised when there is contradiction between the applicable law and the needs of international business.

The Dossiers Series ICC Institute of World Business Law analyses critical issues which are frequently faced by arbitrators and counsel in international disputes. The ICC Institute is a think-tank that provides research, training and information to the legal profession concerned with the development of international business law. Its main objectives are to foster wider knowledge and the development of the law and practices of international business.