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@article{171249,
author = {Aakash Sharma},
title = {The principles applicable to the determination of the law applicable to the merits},
journal = {International Journal of Innovative Research in Technology},
year = {2024},
volume = {11},
number = {7},
pages = {3760-3766},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=171249},
abstract = {When it comes to understanding the complex systems that regulate dispute resolution in a globalised business landscape, the introduction to the notion of choice of law in the realm of international commercial arbitration is of the utmost importance. In the context of arbitration, the term "choice of law" refers to the crucial determination process that takes place when parties involved in cross-border business transactions select which legal system's rules and principles will govern the substantive problems, often known as the "merits," of their dispute. Its significance reverberates throughout the entirety of the arbitration process, exerting a significant amount of influence over the outcomes and rights of the parties involved. The structure that will be utilised for the analysis, adjudication, and resolution of disputes is largely outlined by this ruling. Notably, the repercussions of this decision can be seen in a variety of different areas, including the interpretation of contracts, the admissibility of evidence, and the distribution of rights and obligations among the parties who are in dispute. It is possible to trace the development of this idea back through the course of history by examining the key legal precedents and customs that have influenced its implementation in the present day . Understanding and using the principle of choice of law in international commercial arbitration is a cornerstone for achieving predictability, consistency, and fairness in the resolution of disputes in the modern setting, which is characterised by an interconnected and dynamic global economic environment. This fundamental comprehension of choice of law lays the groundwork for a full investigation into the intricate criteria, procedures, and obstacles that are involved in deciding the law that is applicable to the merits within the context of international commercial arbitration.},
keywords = {},
month = {December},
}
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