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International Arbitration and the Quest for the 2025

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The article "International Arbitration and the Quest for the Applicable Law" by Giuditta Cordero Moss discusses the significance of private international law in international commercial arbitration. It argues against the trend of minimizing references to conflict of laws, emphasizing that understanding applicable national laws is crucial for ensuring predictability in arbitration outcomes. The article highlights how party autonomy in choosing governing law can be limited by overriding mandatory rules and public policy considerations, particularly in areas such as company law, insolvency, and competition law. Ultimately, it advocates for recognizing the relevance of private international law to avoid unenforceable awards and ensure fair business transactions.

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What is the purpose of international arbitration?

International arbitration offers parties a neutral and flexible forum for resolving disputes across diverse areas, ensuring enforceable decisions by impartial arbitrators.

What is the principle of kompetenz kompetenz in international commercial arbitration?

Kompetenz-kompetenz, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it.

How much do international arbitration lawyers make?

International Arbitration Salary. $41,000 is the 25th percentile. Salaries below this are outliers. $61,000 is the 75th percentile.

What does the International Court of Arbitration do?

The International Court of Arbitration is the worlds leading arbitral institution. Since 1923, we have been helping to resolve disputes in international commercial and investment disputes.

What is the main purpose of arbitration?

Arbitration is a private, legally binding process where one or more neutral arbitrators resolve a dispute between two or more parties. Arbitration is usually a faster, more cost-effective and private process when compared to court proceedings.

What is the role of the international arbitrator?

Subject to the parties clear agreement to opt for commercial determina- tions or partisan decision-making, arbitrators must provide independent, adjudicative services in order to both honor the parties expectations and contribute to the legitimacy of international arbitration.

Why is international arbitration important?

There are clear advantages to utilising Arbitration as a form of dispute resolution. Arbitration can enable the parties to avoid specific legal systems or national courts of particular jurisdictions, which may be preferable for the parties.

What are the two types of international arbitration?

There are three main types of International Arbitration: Commercial, which deals with disputes between businesses in different countries; Interstate, which resolves conflicts between governments; and Investor-State, which settles disputes between nations and private foreign investors.