Delocalization in International Commercial Arbitration Cover Image

Delocalization in International Commercial Arbitration
Delocalization in International Commercial Arbitration

Author(s): Dejan Janićijević
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: Arbitration; delocalization; party autonomy; public policy; enforcement;

Summary/Abstract: This paper analyzes the delocalization of international commercial arbitration, as a phenomenon which is gaining in popularity in arbitration theory, but in practical terms is still subject to hostility all over the world. The author identifies the basic elements of delocalization – detachment from national procedural and substantive law of the place of arbitration, or any other national law, and underlines the principle of party autonomy as the guiding idea pertaining to the process of delocalization. He further examines the problems related to the enforcement and powers of state courts to set aside arbitration awards deriving from delocalized arbitrations, as well as the application of mandatory provisions of lex fori and New York Convention with respect to such awards. The author concludes that the only legitimate limitation to delocalization may be the public policy concerns, and that nothing should be in the way of parties' choice to wave some legal protection mechanisms of the legal system of the place of arbitration.

  • Issue Year: 3/2005
  • Issue No: 1
  • Page Range: 63-71
  • Page Count: 9
  • Language: English