Arbitration Agreements and Anational Law: A Question of Intent?

Abstract

Within the context of increased delocalization in the law of international arbitration, anational law has become a well accepted choice of law in the resolution of international disputes. In Halpern v. Halpern, however, the English High Court decided that arbitration agreements form an exception to that development, holding that these are subject to the common law rule that confines contracts to the realms of municipal legal systems. This article discusses the applicability of anational law to arbitration agreements. In particular, the article argues that this issue should be determined in accordance with the principle of party autonomy and, on that basis, evaluates the English approach against a wider international framework.