HOW TO DETERMINE THE APPLICABLE LAW TO THE MERITS OF INTERNATIONAL COMMERCIAL ARBITRATIONS SEATED IN THE REPUBLIC OF PANAMA?

This article focuses on how to properly choose the applicable law in arbitrations for international commercial disputes in the Republic of Panama. The author explores the nuances and specificities when parties have expressly chosen an applicable law to the dispute, and the legal reasoning and theories behind properly selecting the law applicable to the merits when the choiceof-law by the parties is аbsent, considering different approaches such as conflictof-lаw rules, the closest connection test, the cumulative method, direct application of substantive law, international conventions and transnational principles of laws.

This article focuses on how to properly choose the applicable law in arbitrations for international commercial disputes in the Republic of Panama. The author explores the nuances and specificities when parties have expressly chosen an applicable law to the dispute, and the legal reasoning and theories behind properly selecting the law applicable to the merits when the choiceof-law by the parties is аbsent, considering different approaches such as conflictof-lаw rules, the closest connection test, the cumulative method, direct application of substantive law, international conventions and transnational principles of laws.

Publisher
Российский университет дружбы народов (РУДН)
Language
English
Pages
73-81
Status
Published
Year
2021
Organizations
  • 1 Peoples' Friendship University of Russia
Keywords
applicable law; closest connection test; conflict-of-law rules; cumulative method; direct application; international arbitration; Panama; substantive law; Transnational Legal Systems
Share

Other records