Chapter 5

Question 1

Absent any indication in the contract and/or the arbitration clause, how can the tribunal determine the applicable substantive law?

Question 2

What is the distinction between the lex arbitri and procedural rules?

Question 3

What is the relevance of the lex arbitri and what effect does it have on the arbitral process?

Question 4

In the event of an inconsistency between the lex arbitri and the procedural rules agreed by the parties, which prevails and why?

Question 5

Examination-style questions
* “1. Dispute Resolution
If any dispute, difference or claim arises between the parties in connection with this Agreement or the validity, interpretation or alleged breach of this agreement or anything done or not done pursuant to this agreement, the parties shall refer that issue for resolution by Arbitration. Both parties shall agree to appoint an Arbitrator.
The Arbitral proceedings shall be in accordance with the provisions of ‘The Central Institute of Arbitration of Australia’ and the laws of the State of New South Wales, Australia, shall be applicable. All proceedings in such arbitration shall be conducted in English. The venue and place of arbitrators shall be mutually decided within any resort in Malaysia.”

• What is the governing law in this agreement?
• What is the seat?
• Which arbitration rules apply?