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Article 28 - Rules Applicable to Substance of Dispute

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

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.

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Publisher: Cambridge University Press
Print publication year: 2020

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