WHOSE CHOICE OF LAW IN ARBITRATION: APPROACHES OF CIS ON APPLICABLE LAW

Abstract

This article seeks to address choice of law approaches (voie directe and voie indirecte) which arises in international commercial arbitration in member states of Commonwealth of Independent States (hereinafter CIS). This paper uses a multistep desktop research methodology to scrutinize the matters of choice of law issues. In CIS countries both ─ voie directe and voie indirecte ─ methods used to define the applicable substantive law of a commercial dispute. The former method includes to give the authority to a tribunal to ascertain the governing law of the substantial part of a dispute while the latter method uses the conflicts of law rules application. This research paper explores the practical use of the two mentioned approaches in CIS countries and examines the establishment of the international commercial arbitration court in Uzbekistan as it is newly initiated institution.