Rules Applicable to Substance of Dispute

Ilias Bantekas

doi:10.1017/9781108633376.040

Rules Applicable to Substance of Dispute

Ilias Bantekas^*

^*Corresponding author for this work

HBKU College of Law

School of Advanced Study

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

2 Citations (Scopus)

Abstract

Article 28 (with the limited exception of paragraph 4) enshrines the primacy of party autonomy in the choice of the law applicable to the merits, similarly to article 35(1) of the UNCITRAL Arbitration Rules. Party autonomy and a good degree of flexibility are the cornerstones of the article. It should be pointed out from the outset that given the similarities and notable differences between article 28 of the Model and its equivalent (article 35) of the UNCITRAL Arbitration Rules, it is instructive that relevant parts of the travaux of the latter be studied in order to enlighten our understanding of article 28.

Original language	English
Title of host publication	Uncitral Model Law on International Commercial Arbitration
Subtitle of host publication	A Commentary
Publisher	Cambridge University Press
Pages	732-757
Number of pages	26
ISBN (Electronic)	9781108633376
ISBN (Print)	9781108498234
DOIs	https://doi.org/10.1017/9781108633376.040
Publication status	Published - 1 Jan 2020

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Rules Applicable to Substance of Dispute

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