CACOPHONY OF DELOCALISATION: EMERGING TREND IN THE INTERNATIONAL COMMERCIAL ARBITRATION

Abstract

Delocalization of international commercial arbitration involve releasing international commercial arbitration from the constraint of the lex loci arbitri that invariably governs procedural matters thereby making it to drift and be free from national laws, notwithstanding the seat of the arbitration. Mostly, the seat of arbitration is chosen for the reason of convenience. Parties are not always willing to submit their arbitration to the procedural rules for court interference. This article examines the concept of delocalization and its practicability in International commercial arbitration particularly how it tends to liberalize National Arbitration law. The article discusses the jurisdictional trend in United Kingdom, India and France and how delocalization has been able to minimize reliance on the procedural laws of those jurisdictions. The article also finds that delocalization of international commercial arbitration is yet to spread globally to many jurisdictions. It discovers that delocalization protected many arbitral awards which would have been annulled by the lex arbitri. The article concludes that delocalization of the arbitral process and the final award would mean that parties should be unconcerned by unknown National laws. To this effect, the parties will not face the risk that noncompliance with such laws would render their awards unenforceable.