以某集装箱公司与泰国公司航运纠纷案为例探析涉外仲裁案件法律适用

The Issue of Applicable Law in Foreign-related Arbitration Cases: A Case Study Based upon the Shipping Disputes between a Container Company and Thai Companies

本案是涉外航运代理纠纷仲裁案。在解约、债务清算、滞纳金的计算、担保合同的效力等方面都涉及法律适用问题。涉案各方对涉外法律的来源、滞纳金利率的合同约定和涉外法律的冲突、不同法律对担保合同效力和担保期限的不同规定发表了各自不同的意见,在无法举证涉外法律时又对国内法予以认同。因此,本案是较为典型的涉外仲裁案件。通过对本案的剖析,作者结合司法实践和涉外海事仲裁案件的实务,探讨了一般涉外仲裁纠纷案件中较为集中的法律适用争议点。

This is a foreign-related arbitration case concerning shipping agency disputes. The issue of applicable law is involved in various aspects such as termination of the contract, settlement of debts, calculation of late fee, and validity of security contract. The parties have disputes over the source of the applicable foreign law, the conflicts between the parties’ agreement and the stipulation of the applicable foreign law in terms of the interest rates of late fee, as well as validity and duration of the security contract which varies with the choice of applicable law. Where the parties fail to refer to the applicable foreign law, they, however, cite the relevant provisions of the domestic law in their arguments. Therefore, this is a typical foreign-related arbitration case. Through the analysis of this case, the author draws on both of his judicial and the foreign-related maritime arbitration practice, and probes into the key issue of applicable law which is commonly seen in foreign-related arbitration cases.