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International Arbitration and Mandatory Public Law Rules in the Context of State Contracts : An Overview
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In this paper, the crucial question in international commercial arbitration whether relevant mandatory public law rules foreign to the parties' designated proper law of the contract can be applied by the arbitral tribunal concerned is examined.Abstract:
The article deals with the crucial question in international commercial arbitration whether relevant mandatory public law rules foreign to the parties’ designated proper law of the contract can be applied by the arbitral tribunal concerned. It examines the question in the light of recent developments in field.read more
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Dissertation
Administrative Policy Law: A Comparative Institutional Analysis of State Reform in Chile, Brazil and Argentina
TL;DR: In this paper, the authors argue that state reform is a continuous, self-conflicting and overall public policy that challenges any stable conceptualization of Administrative Law, and that the new paradigm is deprived of any programmed content: the commitment is to not be committed to any fixed set of tools to elaborate and implement public policy.
Posted Content
Conflict of Laws Issues in International Arbitration: Practice and Trends
TL;DR: The authors examines the different methods of conflict of laws or private international law that arbitrators follow in order to determine the proper law or applicable substantive law of a contract when the choice of law provision is absent.
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International Commercial Arbitration: The Conflict of Laws Issues in Determining the Applicable Substantive Law in the Context of Investment Agreements
TL;DR: In this paper, the authors point out that the parties to an investment agreement often fail to reach an agreement as to the substantive law applicable to any dispute that may arise during the course of their contractual relationship.
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Dissertation
Administrative Policy Law: A Comparative Institutional Analysis of State Reform in Chile, Brazil and Argentina
TL;DR: In this paper, the authors argue that state reform is a continuous, self-conflicting and overall public policy that challenges any stable conceptualization of Administrative Law, and that the new paradigm is deprived of any programmed content: the commitment is to not be committed to any fixed set of tools to elaborate and implement public policy.