Evolution of Traditional Rules of Conflict-of-Laws: Lessons Learned from International Commercial Arbitration

Abstract

Legal literature on conflict of law issues in the context of international commercial arbitration generally addressed general questions about what law applies to legal issues such as the validity of an arbitration agreement or the selection of arbitration forum. The main purpose of this study is to demonstrate how international commercial arbitration, in the evolution of the traditional approach to conflict of laws, has contributed to this approach by A wide range of jurists is complex and leads to unexpected results, which creates a problem in achieving the requirements of justice and equity in the solutions offered by the rules of conflict of traditional laws.
The present study therefore provides some evidence of the ability of international commercial arbitration to overcome the problems of rules of conflict of laws and to free them from their traditional limitations.