Examining the metodes of determining the law governing nature of littigation in international trade arbitration
1316/5000Arbitration in International Trade has gained a special place in recent decades. In other words, what methods are used when the arbitrators decide the case according to the system governing a national legal system, or even in cases where the case is settled according to the transnational legal system, what method or methods are used? . In short, it should be noted that in international commercial arbitrations, the will of the parties is the basis of the work, and that is why in determining the law governing the nature of the lawsuit, the principle of the rule of will is given the utmost respect, unless the law governing the nature of the lawsuit is determined by the parties. This is where the dispute arises and the arbitrators have to decide what law and by what criteria governs the nature of the lawsuit, so this is where the need to examine the methods of determining the law governing the nature of the lawsuit becomes clear. No litigation The arbitrators and the arbitral tribunal will not achieve their main goal, which is to resolve the dispute. It seems that in the practice of international commercial arbitration and in many legal systems, if the parties are silent, the freedom of arbitrators to determine the governing law is accepted according to different criteria.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.