Issues in international arbitration: application of foreign legislation
Chow, P.
Issues in international arbitration: application of foreign legislation - 2004 - Construction Law Journal 20(5) July 2004, 266-277(18) .
Explains the different categories of law which parties in international arbitration proceedings should consider. These include: substantive law, which governs the substance of the dispute; the law governing the arbitration agreement; the law governing the conduct of arbitration, referred to as law of the place or seat of the arbitration; the law governing the enforcement of the arbitral award; and the conflict of laws rules applicable. Focuses on a specific situation asking that where a contract provides for the substantive law of a specific country to apply should the legislation of another country also apply? Uses the following scenario to illustrate how conflict can occur. An Australian turnkey contractor entered into a contract with a German supplier for the supply of a plant to be used in the construction of a power station in the Philippines. The contract specified that the law governing the contract is the substantive law of the Philippines. It also specified any disputes should be resolved by arbitration in Singapore according to the rules of the International Chamber of Commerce. Looks at issues such as seat of the arbitration, scope of the arbitration clause and conflict of laws rules. Refers to leading authorities and case law.
INTERNATIONAL ARBITRATION
ICC RULES
Issues in international arbitration: application of foreign legislation - 2004 - Construction Law Journal 20(5) July 2004, 266-277(18) .
Explains the different categories of law which parties in international arbitration proceedings should consider. These include: substantive law, which governs the substance of the dispute; the law governing the arbitration agreement; the law governing the conduct of arbitration, referred to as law of the place or seat of the arbitration; the law governing the enforcement of the arbitral award; and the conflict of laws rules applicable. Focuses on a specific situation asking that where a contract provides for the substantive law of a specific country to apply should the legislation of another country also apply? Uses the following scenario to illustrate how conflict can occur. An Australian turnkey contractor entered into a contract with a German supplier for the supply of a plant to be used in the construction of a power station in the Philippines. The contract specified that the law governing the contract is the substantive law of the Philippines. It also specified any disputes should be resolved by arbitration in Singapore according to the rules of the International Chamber of Commerce. Looks at issues such as seat of the arbitration, scope of the arbitration clause and conflict of laws rules. Refers to leading authorities and case law.
INTERNATIONAL ARBITRATION
ICC RULES