02. Lex Arbitri

Question 1

What is Lex Arbitri?

Answer 1

Localised view
- Seat of arbitration

Transnational view
- Parties’ agreement
- Parties’ procedural rules

French Civil Code (Art 1509)
1) Arbitration agreement
2) Institutional rules
3) Seat of arbitration
4) Procedural rule

ICC Rules
- If procedural rules exist > ICC Rules
- If no procedural rules exist > Parties/Tribunal

LCIA Rules
- Seat of arbitration
- UK law

Swiss PIL
- Parties/Tribunal