Substantive Law Arbitration Agreement

Do the above-mentioned arbitration statutes allow the application of a non-national legal order (if the parties do not agree)? Look at the UNCITRAL model law. Note that Article 28(2) provides that arbitrators shall apply the “law” chosen by the conflict-of-laws rules they deem appropriate. See Article 28(1), which provides that arbitrators shall apply the `legal standards` set out in the agreement of the parties. See subsection p. 1018. The reference to “legal rules” and not only to “law” has been interpreted in such a way as to allow parties to choose non-national legal systems (such as lex mercatoria or UNIDROIT principles) in their choice agreements. Report of the Secretary-General on the Analytical Commentary on the Draft Model Law on International Commercial Arbitration, U.N. Doc. A/CN.9/264, XVI Y.B UNECITRAL 104, 132-33 (1985). International arbitral orders have different approaches in choosing the applicable substantive law. . .


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