Naslov
The Impact of Uniform Law on the National Law in the Netherlands: Limits and Possibilities – Commercial Arbitration

Autori
Lazic, Vesna

Izvornik
Electronic Journal of Comparative Law (EJCL) (1387-3091) 13 (2009), 2; 1-22

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Uniform Law ; National Law in the Netherlands ; Commercial Arbitration

Sažetak
Sufficient support from the judiciary and an arbitration-friendly legislative framework are crucial factors in making arbitration in a particular jurisdiction an effective and attractive method for the settlement of commercial disputes. When exercising their supportive and supervisory roles in arbitration, the courts are inclined, probably more than in any other field of law, to look beyond their national borders. Similarly, in the process of the legal reforms of arbitration law, the national legislators will take into consideration modern trends in comparative arbitration law and practice. Thereby, arbitration statutes in other jurisdictions, as well as uniform laws, will certainly be considered. This paper is focused on the impact that the uniform law may have on Dutch substantive and arbitration law. It will first discuss how the notion ‘uniform law’ is to be understood in the substantive law, taking into consideration the relevant provisions of private international, as well as arbitration law. It is thereby examined how a non-national law is applied by the courts and by the arbitrators in the Netherlands in resolving international commercial disputes. Thereafter, the relevant provisions of arbitration law are addressed, particularly those relating to the extent of control over arbitral awards. The purpose is to examine whether the statutory law presents a friendly framework for arbitration and to what extent comparative law and practice have been considered by the arbitration law makers in the Netherlands. The impact of uniform law on national law in the Netherlands is in this paper primarily viewed in the context of arbitration law and practice. Yet when addressing certain issues the analysis is extended to the general rules of private international law as applied by the judiciary. This is particularly so when the meaning and the reach of the notion of ‘uniform law’ are considered. The purpose is to compare methods applied by the courts and by the arbitrators in the Netherlands in determining the law governing substantive issues. In that context it is examined whether the fact that the courts and the arbitrators may apply different methods in determining the applicable substantive law has any relevance in defining the scope and the meaning of the ‘uniform law’ concept.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA