Governing law of an arbitration agreement, and the awkward relationship between English and international law
Abstract This article discusses how the Arbitration Bill contains a new conflict of laws rule to replace the current common law test because the latter is thought to defeat party expectations. But the Bill also contains an exception to this new rule, for treaty-derived arbitration agreements. The need for this exception reveals the continuing awkward relationship between English law and international law.
Authors
- Nathan Tamblyn (ORCID: https://orcid.org/0000-0003-3226-8397)
Publication Details
- Journal
- Arbitration International
- Published
- 2025-03-29
- DOI
- https://doi.org/10.1093/arbint/aiaf002
- Primary Topic
- International Arbitration and Investment Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00