Lawyers, arbitrators, magistrates, academics and corporate counsel can now get a copy of the new publication which will help them solve some of the complex questions they face: 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?
Dossier XI assembles in eleven chapters the salient points that were brought up during panel discussions of the Institute’s 33rd Annual Meeting. The conference was co-organized and co-chaired by Fabio Bortolotti, Partner, Buffa, Bortolotti Mathis Studi Legali Associati, Turin and Pierre Mayer, Partner, Dechert LLP, Paris, both Council Members of the ICC Institute.
“When international arbitrators apply the rules of a national legal system, they need to deal with a number of questions on how the applicable law should be proven and on the arbitrators' right to inquire autonomously about its contents,” said Mr Bortolotti.
“In case the applicable domestic law does not correspond to expectations of parties engaged in international commerce, arbitrators are put before a difficult choice between a flexible approach based on commercial practice, usage and reasonable expectations of parties involved in the type of commerce at stake, and a rigorous application of the rules of law,” he added.
Mr Mayer said: “This new publication provides a perspective on the right balance between these conflicting needs, which can only be found case by case, taking into account all the relevant circumstances. It offers a comprehensive analysis of the role of the arbitrators and the expectations of the parties in case of contradiction between the applicable law and the needs of international business.
“It offers a thorough picture of practical issues related to the application of substantive law when international arbitrators apply the rules of a national legal system.”
The Dossiers of the renowned ICC Institute of World Business Law are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss topical issues of international commercial law including arbitration.
The next Annual Meeting will gather international trade and dispute resolution professionals in Paris on 24 November with a conference on “Addressing Issues of Corruption in Commercial and Investment Arbitration”. The proceedings from this event will be compiled in another edition of the Institute Dossier and participants attending the conference will be entitled to a free copy.
The Dossiers Series analyses important issues which are frequently faced by arbitrators and counsel in international disputes. The ICC Institute of World Business Law 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.
Get a copy of Dossier XI The Application of Substantive Law by International Arbitrators
View the complete list of Institute Dossiers.
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ICC Institute of World Business Law