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Arbitration and Party Autonomy (APA)

The main purpose of the project is to assess the limits of the choice of law made by the parties in their contract.

Objectives

The main purpose of the project is to assess the limits of the choice of law made by the parties in their contract.

The relevance of researching in this field is shown by the following considerations:

  • Often international contracts contain a clause that determines the governing law

  • Choice of law clauses contained in contracts have a scope of application that is mainly restricted to the contractual aspects of the legal relationship between the parties.

  • The contract may have effects that fall within other areas, such as company law, property law, administrative law or other areas with particular mandatory rules.

  • For these effects, the governing law is not the law chosen by the parties in the contract. Special conflict rules are applicable that determine the governing law on the basis of specific connecting factors.

  • If the contract contains an arbitration clause, disputes will be subject to arbitration. An arbitral tribunal is supposed to give effect to the parties’ will, i.a. to apply the law chosen by the parties in the contract.

  • An arbitral award that gives effect to the will of the parties and disregards the rules that would have been applicable under the special conflict rules is not always valid or enforceable.

The scope of application of choice of law clauses, combined with the limits to the effectiveness of arbitral awards, may have effects that are undesired. Awareness about these matters prevents surprising results. 

For a more extensive analysis see Cordero Moss, “International Arbitration and the Quest for the Applicable Law”, (2008) Global Jurist: Vol. 8: Iss. 3 (Advances), Article 2 pp.1-42.

 

Cooperation

The project is to be carried out at the Department of Private Law, Law Faculty, University of Oslo, under the management of Professor Dr. juris Giuditta Cordero-Moss and in close cooperation with selected companies and law firms with international activity and with specific experience and expertise within the areas that are being researched (the "Partners").

The Partners are:

  • Advokatfirma DLA Piper Norway DA
  • Advokatfirma Selmer DA
  • Statoil ASA
  • Orkla ASA

Companies and law firms with international activity may contribute to the project.

Contributor to the project is:

  • Yara International ASA

 

Published Nov 17, 2009 05:10 PM - Last modified Mar 31, 2014 02:34 PM