Abstract
With the growing importance of international arbitrations in legal and commercial circles today, the legal foundations of this form of alternative dispute resolution have come under close scrutiny. Joining the body of academic writing that has analysed the working of international arbitrations, this article addresses the enduring question of what proper law is applicable to an international arbitration when the parties concerned have failed to make a choice. This article examines the practice of courts and arbitral tribunals across various national jurisdictions to find a pattern in their reasoning, and places emphasis on the position in Indian law, and the behaviour of Indian courts while answering this question.
Recommended Citation
Mukherjee, Debanshu
(2008)
"Proper Law in International Arbitrations Involving Contractual Claims: When Parties Fail to Choose,"
National Law School of India Review: Vol. 20:
Iss.
1, Article 3.
Available at:
https://repository.nls.ac.in/nlsir/vol20/iss1/3
