Volume 30 (2013) / Issue 1
The diverging approaches to contract interpretation in different legal systems often emerge in international commercial arbitrations. The differences may concern not only the methods for ascertaining the parties' intention or the evidence considered in this process but also the interplay between interpretation and legal rules or doctrines. This article seeks to go beyond the rhetorical statements about contract interpretation and identify some differences in approach, examine their possible implications and discuss the extent to which contract interpretation is controlled by legal rules. This article also considers relevant transnational law and discusses how parties may argue matters relating to contract interpretation in international arbitrations.
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