الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم
اختيار القانون الذي يحكم موضوع النزاع

2 Choice of the law governing the substance of the dispute

When they are free to do so,
what governing law do
corporations normally choose?

We also asked respondents to explain why
they choose their most frequently chosen law.
Most respondents referred to “familiarity” and
“predictability” “foreseeability” or “certainty”,.
They also referred to the existence of a “well
developed jurisprudence” and “international
acceptance” Some also referred to the.
appropriateness of the law for particular types
of contracts (e.g. maritime, oil and gas,
finance and reinsurance) and more general
principles that are seen to be desirable
(e.g. respect for freedom of contract). A
number of interviewees referred to these
factors when discussing why they select
English law in particular, so the predominance
of English law appears to derive from the fact
that many consider it to be one of the national
laws that best fulfils these criteria. In addition,
the prevalence of the English language, the
appeal of the English legal system historically
throughout the Commonwealth and more
recently in the Arab world may also explain
this finding.





الهيئة الدولية للتحكيم