Journal article

The Law Governing the Arbitration Agreement: An Underrated but Important Lex

Richard Garnett

The ACICA Review | Australian Centre for International Commercial Arbitration | Published : 2020

Abstract

One of the complexities about international commercial arbitration is the range of different national laws that can apply to distinct issues in a proceeding. There is the law governing the substance or merits of a dispute (the lex causae) which is normally, but not always, chosen by the parties in the main or host contract that contains the arbitration clause.

University of Melbourne Researchers