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4 - Which Law Applies?

A Role for Private International Law?

from Part II - International Commercial Arbitration as a Transnational Justice System

Published online by Cambridge University Press:  08 October 2021

C. L. Lim
Affiliation:
The Chinese University of Hong Kong
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Summary

The question whether private international law has a useful role to play in process of arbitration is framed too broadly to produce a concise and useful answer. It is also complicated by the inveterate tension between the doctrinal view, on the one hand, that lex facit arbitrum,1 the law makes the arbitration, and the pragmatic view on the other, that arbitration is a private matter whose very purpose is to keep the process of dispute resolution as far away from the courts, legal procedure and legal doctrine, as possible. It is further complicated by a perception, held by many if confessed by fewer, that private international lawyers do not really understand arbitration, and are forever trying to force it into a mould created and devised by them for proceedings before courts and judgments given by courts.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Which Law Applies?
  • Edited by C. L. Lim, The Chinese University of Hong Kong
  • Book: The Cambridge Companion to International Arbitration
  • Online publication: 08 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108635752.009
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  • Which Law Applies?
  • Edited by C. L. Lim, The Chinese University of Hong Kong
  • Book: The Cambridge Companion to International Arbitration
  • Online publication: 08 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108635752.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Which Law Applies?
  • Edited by C. L. Lim, The Chinese University of Hong Kong
  • Book: The Cambridge Companion to International Arbitration
  • Online publication: 08 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108635752.009
Available formats
×