Conflicts between Applicable Law and the Law of the Seat and the Limitations of Judicial Review of Arbitral Awards: Lessons from Lesotho Highlands Development Authority (LHDA) vs. Impregilo Spa
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Date
2013
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Lesotho Law JournaL
Abstract
A mixed international arbitration involves parties from two different States. The parties agree on the applicable law, which is the substantive law to be applied by an arbitral tribunal. The seat of arbitration, however, also plays a fundamental role by elucidating the applicable procedural rules. This is the lex arbitri. Sometimes arbitrators can find it difficult to determine which law is applicable to which issues. This was the case in LHDA v Impregilo1.
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Applicable Law
Citation
Tsietsi, T. (2013) Conflicts between Applicable Law and the Law of the Seat and the Limitations of Judicial Review of Arbitral Awards: Lessons from Lesotho Highlands Development Authority (LHDA) vs. Impregilo Spa. Lesotho Law Journal, Vol. 20, Nos. 1 & 2: 171 � 194.