000 01810cam a2200205 4500
001 ABS68118
008 040819n2004 000 0 eng u
035 _a(Sirsi) u127106
100 _aChow, P.
245 _aIssues in international arbitration: application of foreign legislation
260 _c2004
490 _aConstruction Law Journal
_v20(5) July 2004, 266-277(18)
520 _aExplains 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.
590 _aABS
590 _aABS
650 _aINTERNATIONAL ARBITRATION
650 _aICC RULES
690 _aDISPUTE RESOLUTION
_96236
942 _n0
999 _c117866
_d117866