Naslov
Court Review of Arbitrators' Decisions on the Applicable Law?

Autori
Babić, Davor Adrian

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Skup
Applicable Law in International Arbitration

Mjesto i datum
Katowice, Poljska, 20.11.2015

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
arbitration; applicable law; court review

Sažetak
It has traditionally been accepted in international arbitration law that courts may not set aside or refuse to enforce an arbitral award on grounds that the arbitral tribunal erred in its decision as to which law is applicable to the substance of the dispute. In recent scholarly writings and case law, a view is gaining ground that an exception to this general principle should be recognized in cases where an arbitral tribunal applied a substantive law different from that expressly chosen by the parties. Contrary to this view, this paper will argue that an arbitral award cannot be set aside or refused enforcement on grounds that the arbitral tribunal disregarded an express party choice of the applicable law. In the opinion of the author, it is for the arbitral tribunal, and for the arbitral tribunal alone, to decide whether an express choice of law agreement has been made between the parties, whether it is valid and whether it is to be given effect. As on any other issue of substance, it is possible that an arbitral tribunal will render an erroneous decision, but that alone does not justify judicial scrutiny of the award.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA