Revista Brasileira de Arbitragem

Volume 7 (2010)

Volume 7 (2010) / Issue 26

Franco Ferrari, Linda Silberman, 'The Law Applicable to the Merits of the Dispute' (2010) 7 Revista Brasileira de Arbitragem, Issue 26, pp. 73–121


ABSTRACT: This paper critically examines in depth the various approaches that have been resorted to by arbitral tribunals to determine the law on the basis of which to address the substantive issues of a dispute. It shows that a conflict of laws analysis is necessary even where the parties to the dispute have chosen the applicable law and suggests normative solutions for ascertaining the applicable law. It also addresses, however, the consequences of an erroneous choice of law decision by the arbitrators in the context both of annulment and recognition and enforcement of arbitral award.

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ISSN: 1806-809X
ID: RBA2010024