Consequences of the Separability Presumption for the Choice of Law Applicable to Arbitration Agreements

Authors

  • Anano Kuparadze Erasmus Rotterdam University - Post-Graduate LLM in Arbitration and Business Law; Ivane Javakhishvili Tbilisi State University - BA in Law

DOI:

https://doi.org/10.31578/jss.v4i2.96

Keywords:

arbitration agreements, choice of law, international commercial arbitration, Rome I, separability

Abstract

The paper intends to show what consequences the separability presumption can have for the choice of law that applies to arbitration agreements, namely the consequences that involve the application of different choices of law and its accepted standards. When discussing the separability and its consequences it is hard to keep the line and at the same time not to shake
the assumption that already exist in International commercial arbitration. The purpose of this paper is to show the inconsistencies that exist nowadays.

Author Biography

Anano Kuparadze, Erasmus Rotterdam University - Post-Graduate LLM in Arbitration and Business Law; Ivane Javakhishvili Tbilisi State University - BA in Law

Post-Graduate LLM in Arbitration and Business Law, Erasmus School of Law, Erasmus Rotterdam University 

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Published

30-12-2015