Conflict of Laws and Arbitral Discretion
Conflict of Laws and Arbitral Discretion
The Closest Connection Test
Contenu
This book identifies the difficulties that result from resolving conflicts of laws through unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area.