Maxwell Lectures Webinar: Harmonising Judicial Approaches to Choice of Law in Arbitration Agreement | 19 August 2021

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In the absence of the parties’ express choice of law for their arbitration agreement and any default choice provided by the applicable legislative or institutional rules, courts worldwide remain divided between the law governing the contract and the law of arbitral seat. This is because of different timing or context for determining the law applicable to the arbitration agreement, different types of arbitration agreement, or different permutations of the parties’ chosen seat and chosen law for their contract. The courts also disagree on the parties’ intentions when ascertaining the implied choice of law or the law with the closest connection,...

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