ABSTRACT

THE IMPACT OF UNIFORM LAW ON NATIONAL LAW: LIMITS AND POSSIBILITIES - COMMERCIAL ARBITRATION IN THE NETHERLANDS

Vesna Lazić

This paper examines the influence of uniform law on Dutch substantive and arbitration law. The meaning and reach of the notion of ‘uniform law’ in substantive law is addressed first, taking into consideration the provisions of both private international and arbitration law, as well as decisions in which a non-national body of law is applied by the courts and by the arbitrators in the Netherlands in resolving international commercial disputes. The paper then examines whether a uniform law, such as the UNCITRAL Model Law, as well as comparative law and practice have been relevant to the process of drafting statutory arbitration law in the Netherlands.


Cite as: Vesna Lazić, The Impact of Uniform Law on National Law: Limits and Possibilities – Commercial Arbitration in the Netherlands, vol 13.2 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (May 2009), <http://www.ejcl.org/132/art132-3.pdf>.

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