A Power Struggle or the Assertion of Rights: Application of the Lex Mercatoria in International Commercial Arbitration

2011 ◽  
Author(s):  
Antonius Rickson Hippolyte
Keyword(s):  
Power Struggle ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Lex Mercatoria

Contract Law in International Commercial Arbitration: The Case of Suspension of Performance

2009 ◽  
Vol 58 (4) ◽  
pp. 863-896 ◽  
Author(s):  
Joshua Karton
Keyword(s):  
International Law ◽  
General Principle ◽  
Contract Law ◽  
The Other ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Lex Mercatoria

AbstractDespite much attention to the controversial lex mercatoria, international commercial arbitration remains underanalysed as a venue for contract law unification. This article considers a specific case of substantive contract law in arbitration, the remedy of suspension of performance: When will one party's non-performance enable the other party to withhold performance without terminating the contract? In domestic laws, suspension of performance is governed by clearly-defined doctrines; however, it remains unclear whether it constitutes a general principle of international law. This article places suspension in a comparative context, then analyses the published arbitral awards for indications of arbitrators' preferences.

International Commercial Arbitration

2009 ◽  
Author(s):  
Simon Greenberg ◽  
Christopher Kee ◽  
J. Romesh Weeramantry
Keyword(s):  
Commercial Arbitration ◽  
International Commercial Arbitration

Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla
Keyword(s):  
Case Law ◽  
Good Faith ◽  
Mutual Understanding ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Starting Point ◽  
Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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