Collected Courses of the Hague Academy of International Law

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Arbitration and State Contracts (Volume 374)

(13,840 words)

Author(s): V. M. Struycken, A.
V. M. Struycken, A. Keywords: State contracts | Foreign direct investment | Lex fori | International arbitration | Public international law | International economic relations | International Centre for Settlement of Investment Disputes | Mots clefs: ABSTRACT Starting with an overview of international economic relations and foreign investments, this course aims to understand State contracts and international arbitration. It shows reflection on two main points that are essential to State contracts in private international law: the la…

Choice of Law in Arbitration Proceedings (Volume 375)

(12,117 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In arbitration, choice-of-law issues are more complicated than they are in ordinary litigation, as an arbitral tribunal is not bound to the lex fori of the state in which it sits. This lack of obligation to a specific set of national choice of law rules, this freedom of disposition, can lead the tribunal to apply any rule of law that it would deem “appropriate”. The author …