Conflict of Laws Issues in International Arbitration

The ILA committee on conflict-of-laws issues in international arbitration (the “Committee”) aims to foster a harmonious approach to conflict of laws – or private international law, as it is often called –  at both the state and the arbitral level. This harmonisation will contribute to the development of international law, as the methodology, principles and rules sought to be developed will promote uniform decision-making in international arbitration, avoid conflicts between arbitral tribunals and state courts, and enhance legal certainty for parties. It will also facilitate the task of arbitrators and judges, and increase the efficiency of arbitration.

The Committee will address conflict-of-laws issues in the entire field of international arbitration, covering questions of substance as well as procedure. While the Committee will focus on commercial arbitration, its work product will also be helpful for investment arbitration. This Committee shall produce (1) a general methodology for conflict-of-laws issues surfacing in arbitration; (2) principles built on this methodology that can be followed and cited by arbitrators and judges; and finally, (3) draft treaties, draft model laws and other rules (including arbitration rules) that can be used as blueprints by international organisations, national legislators, and arbitral institutions.