The parties to the arbitration agreement may choose “rules of law” instead of “law” of a country as the law governing their dispute. The Choosing rules of law by the parties is possible only if the applicable conflict of laws rules authorize them. The principle of party autonomy to choose the rules of law has been recognized in some instruments and also by most countries in the world, but the freedom of the arbitral tribunal to choose the rules is limited. However, today in light of the denationalized theory of arbitration, the freedom of these tribunals is expanding. From international legal instruments, international commercial contracts and arbitrations, rules and principles have been emanated which are known as “Principles of International Commercial Contracts”. It is said that these principles as appropriate rules of law will have the potential of applicability to international commercial disputes by arbitral tribunals. This claim or assumption will be examined in this article.
Nikbakht, H. R., & Piri, F. (2012). Application of the Principles of International Commercial Contracts (PICC) by Arbitral Tribunal as the Governing Law of the Dispute. International Law Review, 29(46), 35-58. doi: 10.22066/cilamag.2012.16560
MLA
Hamid Reza Nikbakht; Farhad Piri. "Application of the Principles of International Commercial Contracts (PICC) by Arbitral Tribunal as the Governing Law of the Dispute". International Law Review, 29, 46, 2012, 35-58. doi: 10.22066/cilamag.2012.16560
HARVARD
Nikbakht, H. R., Piri, F. (2012). 'Application of the Principles of International Commercial Contracts (PICC) by Arbitral Tribunal as the Governing Law of the Dispute', International Law Review, 29(46), pp. 35-58. doi: 10.22066/cilamag.2012.16560
VANCOUVER
Nikbakht, H. R., Piri, F. Application of the Principles of International Commercial Contracts (PICC) by Arbitral Tribunal as the Governing Law of the Dispute. International Law Review, 2012; 29(46): 35-58. doi: 10.22066/cilamag.2012.16560
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