La determinación del derecho aplicable al contrato en la ley Nº 19.971 sobre arbitraje comercial internacional

Résumé 0

"Law N° 19.971 concerning international commercial arbitrationcontains rules relative to determining the law applicable to contracts,in accordance with which the parties are enabled to choose, with ahigh degree of autonomy, the law controlling the contract, evenallowing fragmentation of the law or the choice of non-state laws. Inthe event that the parties do not designate the law applicable to thecontract, the arbitral tribune will determine the rules of dispute inaccordance with which the legislation governing them will bedesignated. In this sense, the regulation contained in the law oninternational commercial arbitration confirms the full force of thenational legal code concerning autonomy in disputes as a connectingfactor in contractual matters, accepted only partially by the doctrineand the jurisprudence. These circumstances permit the anticipation ofpossible controversies regarding the attainment of the aforementionedautonomy. Taking into account that the content of law n° 19.971corresponds, with few variations, to that of the UNCITRAL Model Lawon international commercial arbitration when interpreting the first, it ispertinent to consider the history of establishment, commentaries andjurisprudence relative to the second, background that should be takeninto account on fixing the meaning and the extent of its decrees"