Denial Referto the Appropriate Conflict Resolution Rule in International Commercial Arbitration

Document Type : Technical-Scientific

Authors

1 Associate Professor at Law Department of Isfahan University

2 PhD Student of Private Law at Isfahan University and a Member of the Central Bar Association

3 PhD Student of Private Law at Isfahan University

Abstract

Arbitration as one of the main methods of resolving disputes in international trade disputes is undeniable at present. For the ruling law, the arbitral tribunal must find the appropriate solution by referring to the conflict resolution rule. In this regard, in international trade arbitration, a number of legal theories regarding the selection of the law governing the arbitration procedure, including; The rule of law, the application of the rules of international law, the rule of will of the parties, as well as in relation to applicable law in the nature of differences of legal opinions, including; The rule of law is established, the issue is resolved with the legal relationship, the exercise of the transnational rights of businessmen, arbitration based on justice and fairness, the freedom of the arbitrator to choose the governing law and the principle of the rule of will. This research intends to analyze the proposed theories and explain the function of each of these theories in the rules of conflict resolution of international commercial arbitration.

Keywords

Judgment
Volume 20, Issue 103
December 2020
Pages 99-120

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History

  • Receive Date: 29 June 2020
  • Revise Date: 29 September 2020
  • Accept Date: 28 November 2020

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