Conflict of Laws in International Arbitration*
Every arbitration raises a number of conflict of laws problems relating to procedural questions as well as to ¡ssues concerning the merits of the case. Unlike a State court judge, the arbitrator has no “lex forí ¡n the proper sense providing the relevant conflict rules to determine the appllcable law. Thls raises the questlon of what conflict of laws rules to apply and, consequently, of the exterit of the freedom the arbitrator en- joys in deallng with this and related ¡ssues. A good recent example of the importance of conflict of laws questions ¡n arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization.
This book deais Ínter alia with conflict of laws questions concerning
- arbitrability
- the arbitration agreement and its extensión to thírd parties
- insolvency
- the law applicable to the merits
- interina measures and mandatory rules
