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KCI등재 학술저널

CISG and Arbitration Agreements: A Janus-Faced Practice and How to Cope with It

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Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?

Ⅰ. Introduction

Ⅱ. Law Applicable to Arbitration Agreements

Ⅲ. Does the CISG Apply to Arbitration Agreements?

Ⅳ. Evasion Strategies adopted by Arbitrators

Ⅴ. Conclusion