The Application of Substantive Law by International Arbitrators

ICC Dossiers Volume 11

The Application of Substantive Law by International Arbitrators 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 ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institutes Dossiers is a series that has gained international prestige. These Dossiers are the outcome of the Institutes annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

An ICC Services publication, distributed by Kluwer Law International.