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Particularities in Determining the Applicable Law in the International Trade Contract before the Arbitral Tribunal

Author

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  • Trandafirescu Bogdan Cristian

    (“Ovidius” University of Constanta, Faculty of Law and Administrative Sciences)

Abstract

The issue of determining the applicable law in the international trade contract before the arbitral tribunal is significantly different from its determination in the court of law. The explanation of this differentiation lies in the basis of the authority of the arbitral tribunals and of the courts of law. In the present study we have aimed to explain the different position of the arbitral tribunals as opposed to that of the courts of law on the analyzed topic and to identify the conflict of law regulations applicable in the field, as well as their source.

Suggested Citation

  • Trandafirescu Bogdan Cristian, 2014. "Particularities in Determining the Applicable Law in the International Trade Contract before the Arbitral Tribunal," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(1), pages 57-61, May.
    • Handle: RePEc:ovi:oviste:v:xiv:y:2014:i:1:p:57-61
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    More about this item

    Keywords

    conflict of laws; international trade contract; arbitral tribunal;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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