APPLICABLE LAWS Flashcards
What are the laws that interact in arbitration
- The law governing the enforcement of the agreement to arbitrate
- The lex arbitri- the law governing the procedure
- The law governing the substance of the dispute
- The law governing the enforcement of the award
- Other non-binding guidelines/applicable rules
The law governing te=he agreement to arbitrate
Usually conerns the scope/validity/ interpretation of the areement
The law governing te=he agreement to arbitrateb concrns
Multiparty proceedings or no
Tribunal have jurisdiction or no
Who chooses law governing the agreemet
The parties, if no choice by parties
Court have to choose private international law
Tribunal can decide what law suits best
Choice for tribunal
Contract cuz arb clause is in contract-goes against principle of severability
Sometimes law of seat will mandate that its chosen
LEx arbitri
Governing the procedural rules of arb
Concerns of lex arbitri
Fairness
Default proceeidngs
Hearings
Defintiion of agrement to arbitrate
What will nromally be lex arbitri
Law of seat- geneva seat theroy
May have to be different cu of award
Whats delocalisation
When law of arbitration differing from law of seat
Reasons for delocalisation
Arbitration is self regulated
Rarely ever makes any reference to the law
Law applicable to substance
Free for parties to decide
Choicrd of law to apply t substance
National law
legal system and stable
Public international law
Concurent law
Transnational law
Equity
