PART I: Who Knows The Law?…And How?

Overview of the Series on Substantive Law in Arbitrations

How is the substantive law in an international arbitration proceeding established before an arbitral panel during an arbitration? By substantive law, we are of course referring to the body of laws that apply to the interpretation of the contract and the underlying activities (for instance, environmental or consumer protection laws).

In our previous blog post we discussed the UK Supreme Court's decision in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb, [2020] UKSC 38 ["Enka"], which examined the issue of determining which system of law applied to the interpretation of an arbitration clause. However, once the parties know what law is to be applied, how is that law established and/or proven before the tribunal?