Why the Rome I Regulation Has No Mandatory Application When Determining the Substantive Law in International Commercial Arbitration - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Why the Rome I Regulation Has No Mandatory Application When Determining the Substantive Law in International Commercial Arbitration by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Why the Rome I Regulation Has No Mandatory Application When Determining the Substantive Law in International Commercial Arbitration 86 4

Since the entry into force of the Rome I Regulation, there is controversy as to whether it must be applied mandatorily in arbitral proceedings to the effect that it overrides specific conflict of laws rules in national arbitration laws. This article re-examines this issue and argues that Rome I is not mandatory in international arbitral proceedings. This proposition is based on a textual, historical and teleological interpretation of the Regulation as well as on a systematic analysis of EU law within the field of private international law. Against this background, it is reasonable to not apply Rome I mandatorily when determining the lex causae.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management