- Arbitral Award
- ICC International Court of Arbitration 12174
- Parties unknown
CONTRACT GOVERNED BY DOMESTIC LAW (TURKISH LAW) – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION UNCERTAIN UNDER APPLICABLE DOMESTIC LAW
NOTION OF "INTERNATIONAL CONTRACTS" AND "INTERNATIONAL ARBITRATION" -
REFERENCE TO COMMENT 1 TO THE PREAMBLE OF THE UNIDROIT PRINCIPLES IN SUPPORT OF A BROAD INTERPRETATION OF THE TWO NOTIONS
In a dispute concerning a series of business transactions one of the questions to be decided was whether the arbitral proceedings was of an international or domestic nature. The applicable law was Turkish law but the Arbitral Tribunal also referred to the UNIDROIT Principles – namely to Comment 1 to the Preamble favouring a broad interpretation of the notion of “international contracts” – in support of its finding that in the case at hand the arbitral proceedings was to be considered of an international nature.
E. Jolivet, L'harmonisation du droit OHADA des contrats: l'influence des Principes d'UNIDROIT en matière de pratique contractuelle et d'arbitrage, in Unifrom Law Review, p. 127 et seq. (p.136 fn 24)}}