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The Culture of International Arbitration and The Evolution of Contract Law$
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Joshua D H Karton

Print publication date: 2013

Print ISBN-13: 9780199658008

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199658008.001.0001

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Substantive Law Determinations in International Commercial Arbitration: The Legal Rules

Substantive Law Determinations in International Commercial Arbitration: The Legal Rules

Chapter:
(p.145) 5Substantive Law Determinations in International Commercial Arbitration: The Legal Rules
Source:
The Culture of International Arbitration and The Evolution of Contract Law
Author(s):

Joshua Karton

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199658008.003.0005

This chapter lays out the rules of law that pertain to substantive law determinations in international commercial arbitration and shows how these differ from the rules that apply within national legal systems. It first discusses three ways in which different rules of law may come to be applied to the same dispute in international arbitration and in national court litigation: differing choice of law rules, the availability of transnational rules of law, and the availability of amiable composition. Second, it describes the rules relating to the ascertainment of the content of the governing law in international arbitration, which may lead international arbitrators to interpret a given law differently from national courts.

Keywords:   international arbitration, international commercial arbitration, choice of law, party autonomy, lex mercatoria, amiable composition, ex aequo et bono, ascertainment of law, unidroit principles, cisg, iura novit curia

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