Pre-contractual Liability and International Commercial Arbitration
Pre-contractual Liability and International Commercial Arbitration

Author(s): Tomáš Kozárek
Subject(s): International Law, International relations/trade, Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: Applicable Law; International Commercial Arbitration; Pre-contractual Liability;
Summary/Abstract: Pre-contractual liability (culpa in contrahendo) is a challenging and demanding institute of law by itself. It is not recognized in every legal order in the world and the construction of it can vary across nations. This situation can become even more complicated, when we start to think about pre-contractual liability in connection to international commercial arbitration. Is it even possible to solve the problem of existence of the pre-contractual liability in arbitration? In case of positive answer, what is subsequently the applicable law? The aim of this paper is to find the answers to these questions with the help of ICC awards database and available literature.

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