
Contents
-
-
-
-
-
-
-
-
-
-
-
General General
-
Seat of arbitration Seat of arbitration
-
Default Rules Default Rules
-
Mandatory Rules Mandatory Rules
-
Delocalisation Theory Delocalisation Theory
-
What is the delocalisation theory? What is the delocalisation theory?
-
Opinions against the delocalisation theory Opinions against the delocalisation theory
-
Delocalisation in practice Delocalisation in practice
-
Switzerland and Belgium Switzerland and Belgium
-
France France
-
SEEE arbitration SEEE arbitration
-
Götaverken case Götaverken case
-
Norsolor case Norsolor case
-
-
England England
-
Whitworth Street Estates (Manchester) Ltd v James Miller Whitworth Street Estates (Manchester) Ltd v James Miller
-
International Tank and Pipe SAK v Kuwait Aviation Fuelling Co KSC International Tank and Pipe SAK v Kuwait Aviation Fuelling Co KSC
-
Bank Mellat v Helliniki Techniki SA Bank Mellat v Helliniki Techniki SA
-
President of India v La Pintada Compania Navigation SA President of India v La Pintada Compania Navigation SA
-
Naviera Amazonica Peruana SA v Compania International de Seguros del Peru Naviera Amazonica Peruana SA v Compania International de Seguros del Peru
-
Union of India v McDonnell Douglas Corporation Union of India v McDonnell Douglas Corporation
-
Coppeé Lavalin v Ken-Ren Coppeé Lavalin v Ken-Ren
-
-
-
-
-
-
-
-
-
-
-
Cite
Abstract
This chapter explains the role of procedural law in arbitration. Aside from the arbitrators, the language, and the substantive law, the principle of party autonomy affords the parties to arbitration the freedom to choose the procedural law. In order to attract more cross-border arbitration business to Scotland, the policy clearly sets the tone that the choice of procedural law can be different from the choice of the substantive law. For instance, parties to arbitration may choose Swiss law to govern disputes arising from the main contract between them but to have procedural matters governed by Scottish arbitration law. In Scotland, the choice of arbitrating in accordance with the Arbitration (Scotland) Act 2010 does not affect the parties' choice of substantive law other than Scots law to determine the substantive issues. This chapter discusses issues relevant to procedural law in arbitration, including the seat of arbitration, default rules, mandatory rules, and the debate over delocalisation theory concerning the seat of arbitration in international commercial arbitration. It also considers jurisdictions where delocalisation theory has received support, such as France, Switzerland and Belgium.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
November 2023 | 3 |
December 2023 | 2 |
January 2024 | 2 |
March 2024 | 1 |
August 2024 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.