Articles on the Conflict of Laws in International Arbitration


There are two articles in the new issue of Abitration International that deal with private international law issues arising out of international commercial arbitration. They are:

Thomas Buergenthal, “The proliferation of disputes, dispute settlement procedures and respect for the rule of law” Arbitration Int. 2006, 22(4), 495-499. Abstract:

Considers the reasons for the proliferation of disputes, particularly international disputes, and of dispute resolution mechanisms. Discusses whether respect for the rule of law has kept pace with these trends, especially with regard to conflict of laws issues and the selection of arbitrators and judges.

Klaus Peter Berger, “Evidentiary privileges: best practice standards versus/and arbitral discretion” Arbitration Int. 2006, 22(4), 501-520. Abstract:

Examines the diverse approaches to evidentiary privileges in international commercial arbitration that are taken in various jurisdictions, and considers conflict of laws issues in this area. Assesses whether there is a need for harmonised best practice standards or whether the resolution of privilege rule conflicts can be left to arbitral discretion.

Those with a subscription to Arbitration International can access the full articles online.