Applicable Law Issues in International Arbitration Questions de droit applicable dans l’arbitrage international En Fr

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The broad spectrum of approaches reflected upon in this volume confirms that determining the applicable law in arbitration is a manifold task that needs to balance the involved interests, which are not necessarily always consistent with each other. The uncontroversial starting point is the primacy of party autonomy. Important also is the arbitral tribunal’s discretion. Party autonomy and arbitral discretion, however, are not absolute, and do not exist in a vacuum: arbitral awards are subject to (a restricted) court control. To be valid and enforceable, arbitral awards need to comply with (few) requirements. The selection of the law applicable to any given issue reflects this plurality of interests, and is the result of balancing the parties’ expectations against court control and the arbitral tribunal’s independent powers, all this in the safeguard of predictability, consistency and legitimacy. Featuring original work from leading young scholars from around the world and provides an innovative vision.