Title: “Prescription and Relief—Is It a Matter of Choice?”
Abstract: This chapter discusses problems in arbitration involving conflict of laws issues. National laws often prescribe the time within which a claim may be brought in court and this is then extended to apply to arbitration. Statutory time limitation may be set out in a specific limitation statute or several statutes. India's Law Commission published a report in 2005 recommending the adoption of legislation to follow the civil approach of characterizing time limitation laws as law of the foreign state. The common and civil world take different approaches in characterising the applicable to remedies. In common law, the issue of remedy is considered part of the procedural law, thus conceived as one concerning the powers of the arbitral tribunal under of the seat. In contrast, in civil jurisdictions, the rights and the remedies as a matter of principle are regulated by the substantive law. Keywords: civil law; common law; substantive relief
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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