株式会社極東書店トップ商品一覧Overriding Mandatory Rules in International Commercial Arbitration.

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Overriding Mandatory Rules in International Commercial Arbitration.

Overriding Mandatory Rules in International Commercial Arbitration. 国際商事仲裁における優越的な強行規定

・ISBN 978-1-78897-384-7 hard GB£ 99.00

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お気に入り
著者・編者Fazilatfar, Hossein,
出版社(E. Elgar, UK)
出版年月2019
ページ数224 pp.
言語ENG
ニュース番号<653-1454 653-P2746>

解説

Arbitrators, unlike judges, are appointed by parties to resolve their transactional disputes. Because of such contractual appointment, arbitrators gain their authority from the parties, and thus must apply the law chosen by the parties to the dispute before them. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. The arbitrator, as a private adjudicator, has a duty to resolve a potential conflict that may arise between the law chosen by the parties and another mandatory law(s) that claims application and is not chosen by the parties.

Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively.

Legal scholars researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will students. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.