BREVES OBSERVACIONES SOBRE LA APLICABILIDAD DE LOS CONVENIOS DE DERECHO MATERIAL UNIFORME EN EL ARBITRAJE INTERNACIONAL

Abstract

In the context of international arbitration, uniform substantive law conventions apply for different reasons from those on the basis of which they apply in State courts. The applicability of these conventions in arbitral proceedings depends on autonomous private international law rules specifically applicable in arbitration. If the law of a signatory State to a convention of uniform law finds application, this convention is applicable as part of the domestic law. Moreover, these conventions may be applied autonomously, without having to be part of the law of any signatory State, if the applicable conflict of law rules allow for the application of international or anational «rules of law» and does not require the application of a State law.