Revista Brasileira de Arbitragem

Volume 12 (2015)

Volume 12 (2015) / Issue 47

Ricardo Dalmaso Marques, 'A lei aplicável à cláusula arbitral na arbitragem comercial internacional' (2015) 12 Revista Brasileira de Arbitragem, Issue 47, pp. 7–37


ABSTRACT: This article aims at (i) briefly addressing how the several applicable laws in international commercial arbitration are determined in theory and in practice, (ii) by detailing in particular the most recent paradigmatic cases on the subject, emphasizing the importance of a correct and clear determination of the law applicable to the arbitration agreement, and (iii) establishing – as much as possible and having in mind the main intention to preserve the parties’ expectations and the legal certainty aimed in international commercial arbitration – (iii.1) the precautions that may be taken by the parties when drafting contracts and the arbitration agreement, and (iii.2) how the subject of the applicable law to the arbitration agreement is recommended to be viewed and analyzed by arbitral tribunals and the courts when such issue is not expressly agreed upon by the parties in advance.  

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ISSN: 1806-809X
ID: RBA2015041