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- Title
THE CONFLICT OF LAWS IN COMMERCIAL ARBITRATION.
- Authors
STERN, DAVID S.
- Abstract
The article discusses conflict of laws related to commercial arbitration in the U.S. It states that the opposition of arbitration on the basis of misconception that it promotes self-regulation by economic powers ignoring judiciary, and conflict of laws has negatively effected commercial arbitration. According to it, conflict of laws in arbitration must fulfill the purpose of achieving uniformity of result in deciding a legal issue irrespective of the place of litigation. However the conflict of law has failed to benefit commercial arbitration in several ways, including failure to apply proper characterization rules, failure to develop rules for enforcement of arbitration awards in foreign countries, and failure to develop complete procedures in commercial arbitration.
- Subjects
UNITED States; COMMERCIAL arbitration agreements; INTERNATIONAL commercial arbitration; ACTIONS &; defenses (Law); LEGAL procedure; ARBITRATION &; award; CONFLICT of laws; JUDICIAL process; COMMERCIAL law
- Publication
Law & Contemporary Problems, 1952, Vol 17, Issue 3, p567
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1190210