Book contents
- Frontmatter
- Contents
- PART I International Court of Justice
- PART II International arbitration
- 12 A BIT about ICSID
- 13 The influence of bilateral investment treaties on customary international law
- 14 The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law
- 15 The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law
- 16 Anti-suit injunctions in international arbitration: an overview
- 17 The law applicable in international arbitration: application of public international law
- 18 The validity of an arbitral award rendered by a truncated tribunal
- 19 The authority of a truncated tribunal
- 20 Injunction of arbitral proceedings and truncation of the tribunal
- 21 Public policy and arbitral procedure
- 22 The creation and operation of an International Court of Arbitral Awards
- 23 The Kingdom of Saudi Arabia and Aramco arbitrate the Onassis Agreement
- 24 The Southern Bluefin Tuna case
- 25 A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- 26 Does the consent of the Contracting Parties govern the requirement of an “investment” as specified in Article 25 of the ICSID Convention?
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
- References
17 - The law applicable in international arbitration: application of public international law
from PART II - International arbitration
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- PART I International Court of Justice
- PART II International arbitration
- 12 A BIT about ICSID
- 13 The influence of bilateral investment treaties on customary international law
- 14 The United States 2004 Model Bilateral Investment Treaty: an exercise in the regressive development of international law
- 15 The United States 2004 Model Bilateral Investment Treaty and denial of justice in international law
- 16 Anti-suit injunctions in international arbitration: an overview
- 17 The law applicable in international arbitration: application of public international law
- 18 The validity of an arbitral award rendered by a truncated tribunal
- 19 The authority of a truncated tribunal
- 20 Injunction of arbitral proceedings and truncation of the tribunal
- 21 Public policy and arbitral procedure
- 22 The creation and operation of an International Court of Arbitral Awards
- 23 The Kingdom of Saudi Arabia and Aramco arbitrate the Onassis Agreement
- 24 The Southern Bluefin Tuna case
- 25 A celebration of the United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
- 26 Does the consent of the Contracting Parties govern the requirement of an “investment” as specified in Article 25 of the ICSID Convention?
- PART III Miscellaneous
- Collected publications, judicial opinions and book reviews
- Index
- References
Summary
Introduction
In this Congress which is concerned with international commercial arbitration, “the law applicable in international arbitration” is understood to mean international commercial arbitration. Accordingly our topic is the application of public international law in international commercial arbitration. Such application is, particularly, to be found in arbitral proceedings between a State or State enterprise, on the one hand, and an alien private party on the other. At the same time, issues of international law can and do arise in international commercial arbitration proceedings between private parties. For example, questions such as whether a state of war exists – a quintessential issue of international law – arise in insurance litigation and arbitration.
In the State/alien arbitral context, three salient aspects of such application will be considered. The first is, may public international law be the lex arbitri? The second is, may public international law govern the substance of the dispute, or aspects of the substance of the dispute, which typically will be a dispute over contractual rights and performance? The third is, where international law has not been specified to be or found by the arbitral tribunal to be the proper law of the contract, may the alien nevertheless make claims against the State or State enterprise on the basis of public international law?
- Type
- Chapter
- Information
- Justice in International LawFurther Selected Writings, pp. 173 - 181Publisher: Cambridge University PressPrint publication year: 2011