Conflict of Laws and Arbitral Discretion
-15%
portes grátis
Conflict of Laws and Arbitral Discretion
The Closest Connection Test
Hayward, Benjamin (Senior Lecturer, Senior Lecturer, Monash University)
Oxford University Press
01/2017
380
Dura
Inglês
9780198787440
15 a 20 dias
This book identifies the difficulties that result from resolving conflicts of laws through unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area.
1: Introduction and Context 2: The Current Regulation of Conflicts of Laws in International Commercial Arbitration 3: Identified Issues in the Current Regulatory Regime 4: A Proposed Solution: A Bright-Line Test 5: A Proposed Bright-Line Test: The Closest Connection Test 6: A Proposed Closest Connection Test: The Modified Art. 4 'Rome Convention' Rule 7: Conclusion
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This book identifies the difficulties that result from resolving conflicts of laws through unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area.
1: Introduction and Context 2: The Current Regulation of Conflicts of Laws in International Commercial Arbitration 3: Identified Issues in the Current Regulatory Regime 4: A Proposed Solution: A Bright-Line Test 5: A Proposed Bright-Line Test: The Closest Connection Test 6: A Proposed Closest Connection Test: The Modified Art. 4 'Rome Convention' Rule 7: Conclusion
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
