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Wednesday, 30 November 2016 - 6.15pm

Speaker:

  • Mr Rajiv Shah (University of Cambridge): 'How Services came to be Part of Unjust Enrichment'

During the 20th century there was a wide ranging debate about the nature of quantum meruit. Some argued that the action was an almost contract whilst others argued it was unjust enrichment. This paper argues that what they understood by "unjust enrichment" is quite different from what we currently mean by that term.

Speaker:

  • Mr Soterios Loizou (University of Cambridge and King’s College London): 'Establishing the Content of the Applicable Law in International Commercial Arbitration'

The establishment of the content of the applicable law is one of the most important, albeit seldom examined, topics in the theory and practice of international commercial arbitration. Starting from the premise that, in international litigation, national laws treat – to a greater or lesser extent – foreign law as either “legal rules” or plain “facts”, this study examines the various approaches to the legal treatment of the applicable law in international arbitral proceedings. The aim of this study is, firstly, to explore the possibility of convergence among national laws and legal practices on arbitration vis-à-vis the content-of-laws enquiry, and secondly, to examine whether arbitral tribunals should adopt either an inquisitorial or an adversarial approach to the establishment of the content of the lex causae.

On the basis of an elaborate comparative review of various leges arbitri and soft-law instruments, this study showcases that, contrary to the conventional wisdom, such a gradual convergence of national laws and arbitral practices has been taking place towards the adoption of a so-called “potentially inquisitorial” approach to the establishment of the content of the applicable law. Furthermore, having identified the basic features of the inquisitorial and adversarial approaches, this paper argues for the adoption of a “hybrid” regime, which combines the advantages and attenuates the drawbacks of these two diametrically opposite systems. The paper concludes with some final remarks and observations that amplify the importance of consultations between the parties and the arbitral tribunal, at least before the latter has rendered its final award.

Location: Moot Court Room

All seminars are open to Faculty members, Faculty visitors, PhD and LLM/MCL students.

For more information see the Cambridge Private Law Centre website.

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