Part I Fundamental Principles and the Legal Framework within which the Arbitral Tribunal Operates, Ch.3 Applicable Law, Amiable Compositeur
David D Caron, Lee M Caplan
- Settlement of disputes — UNCITRAL Arbitration Rules — Choice of law
The rules of law applied by the arbitrators to decide the substance of the dispute is the focus of Article 35 of the 2010 UNCITRAL Rules and this chapter. The applicable substantive law is distinct from the legal system regulating the arbitral proceedings, that is, the lex arbitri.1 Article 35(1) expresses the overriding principle of party autonomy in choosing the applicable rules of law, with provision for those instances where the parties fail to designate applicable rules of law. Article 35(2) addresses the authority of the arbitral tribunal to decide as...