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Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/1416

Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Choice of the Proper Law vs. Public Policy
Author(s): Yu, Hong-Lin
Contact Email: h.l.yu@stir.ac.uk
Keywords: Law
Arbitration
Issue Date: May-2008
Publisher: The Asian Center for WTO & International Health Law and Policy, National Taiwan University
Citation: Yu H (2008) Choice of the Proper Law vs. Public Policy, Contemporary Asia Arbitration Journal, 1 (1), pp. 107-148.
Abstract: The issue surrounding the choice of the proper law was analysed from three aspects: the advantages of international commercial arbitration; the expectations of the parties; and the arbitrator's point of view. Only by ascertaining the proper law of the contract can the disputes be properly decided and the award be enforced. However, the choice of the proper law sometimes can be interpreted as contradicting public policy or mandatory rules and condemned as invalid in terms of the choice of itself and the contents of the choice. This is especially the case of the choice of a-national principles. Following the examination of the development and the application of a-national principles in different jurisdictions, while the notion of a-national principles has been developed or applied in the Western arbitration, China and Taiwan has failed to utilise statutes to give a clear acceptance of a-national principles in China and the new lex mercatoria in Taiwan respectively.
Type: Journal Article
URI: http://hdl.handle.net/1893/1416
URL: http://www.law.ntu.edu.tw/center/wto/05publications3.asp?u_index=408&FB=P5&tb_index=10154734
Rights: The publisher has not responded to our queries therefore this work cannot be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author; you can only request a copy if you wish to use this work for your own research or private study.
Affiliation: Law

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