Browsing by Author "Kaila, Christa"

The subject of this study is choice of law in international arbitration. The study focuses especially on the choice of substantive law, and the topic discussed is written from the perspective of the International Arbitration Rules of the U.S. arbitration institute ICDR. The ICDR (International Centre for Dispute Resolution) is the part of AAA (American Arbitration Association) which administers the international caseload. The study examines how the choice of applicable substantive law should be made in international arbitration according to the ICDR rules. The rules give the arbitrators a wide discretion in this sense, since they do not require the use of conflict rules to determine the substantive law. The study also discusses what exactly is meant by law and what kind of rules can be applied to solve the dispute. Questions related to the enforcement of an arbitral award is also brought up in the study, since it explores whether issues either with the choice of law or with the application of the substantive law can prevent the enforcement of the award. In addition to this, the arbitral institute ICDR is being presented in the study, since it is globally seen a significant provider of arbitration services. One of the objectives of the study is to demonstrate the specific characteristics of arbitration organized in the United States. The study is written in English.