3 Applicable Laws
Nigel Blackaby, Constantine Partasides QC, Alan Redfern, Martin Hunter
- Choice of law — Conflict of laws — Host state law — Place of arbitration
This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice: the law governing the arbitration agreement and the performance of that agreement; the law governing the existence and proceedings of the arbitral tribunal (the lex arbitri); the law, or the relevant legal rules, governing the substantive issues in dispute (generally described as the ‘applicable law’, the ‘governing law’, ‘the proper law of the contract’, or ‘the substantive law’); other applicable rules and non-binding guidelines and recommendations; and the law governing recognition and enforcement of the award.