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Chapter Summary

This concluding chapter of this book provides some final remarks. The book discusses three representations of international arbitration such as the monolocal, the Westphalian, and the transnational representations. Each one of these representations is in a position to respond to any and all questions that may arise in the field, be they in connection with the arbitrators' power to adjudicate, the entire arbitral process, or the fate of the ensuing award. The monolocal representation mandates arbitrators to apply the mandatory rules of the seat as well as the 'foreign' mandatory rules which the private international law system of the seat considers as applicable. The Westphalian representation justifies the freedom of the arbitrators to apply mandatory rules other than those of the lex contractus, either in consideration of the award's effectiveness or, in consideration of the idea that arbitrators ought to apply the rules that they believe to be legitimate.

Keywords: international arbitration; monolocal representation; transnational representation; Westphalian representation



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