Abstract

Erganzung und Anpassung von Vertragen durch Schiedsgerichte, by Stefan Kroll. Published by Carl Heymanns Verlag, Koln, Berlin, Bonn, Munchen (1998, xvii + 383 pp.). Hardcover. Price DM188. ISBN 3-452-24013-4 Adaptation and supplementation of contracts by international arbitrators has always been one of the most important and also one of the most debated issues of international arbitration law. Two reasons account for this. First, the international arbitrator's competence to adapt a contract to changed circumstances or to fill gaps in the contractual stipulations of the parties always involves a complex interaction of the applicable procedural law (the lex loci arbitri ) and the substantive law applicable to the contract (the lex contractus ). If the arbitration law does not allow for the adaptation or gap-filling by the arbitrator, an arbitral tribunal acting under this law may not proceed to adapt the contract before it, even if the applicable substantive law allows for contract adaptation, unless this procedure may be qualified as a mere construction of the contract under the applicable law. Secondly, contract adaptation by international arbitrators involves a basic conflict between two fundamental principles of contract law, the notion of sanctity of contracts (‘ pacta sunt servanda …

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