Main Article Content
This article aims to study delocalization theory and seat theory in international commercial arbitration because such theories have different perspective on the issue whether or not, when parties select particular country as the seat of arbitration, the courts and local laws of that country will govern the arbitral procedure. Delocalization theory argues that arbitration proceedings should be free from any intervention by local laws and courts of the seat of arbitration. Only domestic courts and laws that can intervene are the courts and laws of the place of enforcement. However, there is another concept which is called seat theory asserting that the national laws and courts of the seat of arbitration have an automatic and legitimate right to govern arbitral proceedings when the arbitration takes place in their jurisdiction. This article argues that it is inappropriate to completely separate the two concepts. It sounds reasonable to recognize autonomy of the parties, principle supporting delocalization, as the core of arbitration, but in some circumstances, arbitral tribunals need assistance from local laws and court of the seat when the arbitral system and arbitration agreement are ineffective in practice to resolve some issues, so the local laws and courts of the seat of arbitration are required to ensure that the arbitration procedures are effective and achieve their goal. Therefore, it may be better to acknowledge that both concepts should work together.
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Chulalongkorn Law Journal and its licensors.
1. Chulalongkorn Law Journal grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your use.
- All articles published by Chulalongkorn Law Journal are licensed under the Creative Commons Attribution 4.0 International License. This permits anyone to copy, redistribute, remix, transmit and adapt the work provided the original work and source is appropriately cited.
2. Chulalongkorn Law Journal does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without appropriately and conspicuously citing the original work and source or Chulalongkorn Law Journal prior written permission.
3. You may request permission to use the copyright materials on this website by writing to email@example.com.
4. Chulalongkorn Law Journal takes the protection of its copyright very seriously. If Chulalongkorn Law Journal discovers that you have used its copyright materials in contravention of the license above, Chulalongkorn Law Journal may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Chulalongkorn Law Journal's copyright materials that contravenes or may contravene the license above or any material on the website that you believe infringes your or any other person's copyright, please report this by email to firstname.lastname@example.org.