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Does the TB has jurisdiction under the AA to adapt the contract ? (The law…
Does the TB has jurisdiction under the AA to adapt the contract ?
Yes
Under which LAW ?
The law of the contract (Med law) = UNCITRAL model law
The law of the seat (Danubian law) => UNCITRAL model law amended by PO2 parag 36
Does the tribunal has the requisite power to adapt the contract ?
DANUBIAN CONTRACT LAW = LOI DE POLICE
Article 4.3 states the the interpretaton of the contract should be in accordance with the four courner rules principles
No
Under what law ?
Contract law
Four corner rules
The scope of application of the AA does not include the adapation of the contract
The TB have to dismiss the case
Seat law
The law applicable to the AA is
The law of the contract ?
Med law (contract law) = Broad interpretation of the wording of the AA (french approch)
The law of the seat ?
Law of Danubia = Narrow interpretation of the AA (Four corner rules)