- Collection:
- LLM Theses and Essays
- Title:
- ARBITRAL SITUS: CONSIDERATIONS AND CONSEQUENCES
- Creator:
- Singh, Rajdeep
- Date of Original:
- 1999-01-01
- Subject:
- Law--Study and teaching
University of Georgia. School of Law
Dissertations, Academic - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- arbitral situs -- dispute settlement -- venue -- the validity of the arbitration agreement -- Arbitrability -- Dispute Resolution and Arbitration -- International Trade Law
It is the law of the forum that is applicable to matters like arbitrability of the dispute, the validity of the arbitration agreement, the jurisdiction of the arbitrators, their appointment, removal and replacement and the challenge to their authority. Apart from these matters the law of the arbitral situs also governs the conflict of laws rules applicable to the dispute. Though the principle of party autonomy allows the parties to agree to a procedural law other than that of the arbitral situs, they still have to comply with the mandatory provisions of the law of the venue. In case they fail to comply with the mandatory provisions of this law the resulting award may be denied recognition and enforcement. The object of this thesis is to analyze these legal considerations and consequences and to demonstrate why the choice of an arbitral situs is important, if not the most important, factor in the arbitral process. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/279
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
