International Commercial Arbitration: The Applicable Laws Theorem

One of the most interesting aspects of international arbitration are the applicable laws. For me, what makes international arbitration stand out as its own system of law, much like the law of contract, torts or criminal law, is the method employed to determine which laws apply and how they operate together in harmony, or at least sufficiently, to dispose of the dispute. Once that exercise has been completed, the process becomes, effectively, a form of litigation.

The First Clue

I always approach the issue as I would a problem. The first clue to that problem is invariably the arbitration agreement. This part is considered in many ways by commentators. As the foundation for the jurisdiction of the arbitral tribunal, the cornerstone of arbitration, party autonomy, or the mechanism for alternative dispute resolution.