Fouchard gaillard goldman on international commercial arbitration
Philippe Fouchard (Author of Fouchard Gaillard Goldman on International Commercial Arbitration)
Fouchard, Gaillard, Goldman on international commercial arbitration
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Philippe Fouchard , Berthold Goldman. Kluwer Law International B. This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular. The Meaning of International 78 to The Meaning of Commercial 58 to 77 Private Sources to Autonomy of the Arbitration Agreement from all National.
Will it be procedural, substantive, or a mandatory rule? As this is a matter of evidence, over which arbitrators have unfettered discretion, arbitrators sitting in acountry other than that which issued the regulation in question are generally under no obligation to give effect to it. At the very most, they may take such regulations into consideration as an element of fact which might constitute a legitimate reason for non-disclosure. Arbitrators sitting in the country which enacted the regulation might have a more difficult task, as their award will be generally subject to an action to set aside in that country and the rule in question may be held to be a requirement of public policy. This is the true test of the effectiveness of lex mercatoria as an Instrument for resolving disputes in international trade. Again, it cannot be too strongly emphasized that applying transnational rules involves understanding and implementing a method, rather than drawing up a lest of the general principles of international commercial law.