The Interpretation of Contracts in ICC Arbitration
The Interpretation of Contracts in ICC Arbitration

Author(s): Pavlína Janečková
Subject(s): International Law, International relations/trade, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: ICC Arbitration; the Interpretation; the UNIDROIT Principles;
Summary/Abstract: In international commercial disputes it could be more difficult to determine the real and common will of both parties by reference to a single applicable national law (especially if there was no choice of law). In arbitration there is a larger space for the approach different from the approach of the state courts, because arbitrator’s position is different from that of state courts, which are bound to apply the conflict of laws rules. Opposite to that the international arbitrator often does not have lex fori and he can apply a system of rules different from the national law which would be applied according to the conflict of laws rules.

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