中国人民大学法学院国际商事仲裁法课件 Applicable_Law_for_Arbitration.pptVIP

Chapter 9 Applicable Law for International Arbitration Applicable Law in Int’l Arb. Applicable law for the arbitration agreement Applicable law for the arbitration procedure Applicable for merits of the case Applicable Law for Arbitration Agreement Arbitration agreement : contract between the parties to settle their dispute by arbitration Principles of private international law or conflict of law rules in national law General Principles of Private International Law Parties’ autonomy Closest relationship with the contract Compulsory application of particular law in different countries Chinese Practices CAL, Contract Law 1999 Art.16, Judicial Interpretation of CAL in 2006 First – that of selected by the parties Second – that of the seat of arbitration Lastly - that of the national court Development in the Field The national court should make the international arbitration agreement effect as possible as it can. Art.187 of Swiss PL: an arbitration agreement is valid if it conforms either to the law chosen by the parties, or to the law governing the subject matter of the dispute, in particular the main contract, or to Swiss law. Zueblin Case Construction agreement with FIDIC Green Book General Conditions by reference in its appendix：Arbitration 15.3 ICC Rules Shanghai shall apply Woco brought the lawsuit to the Ct. Zueblin brought the case to ICC for Arbitration Zueblin Case （2） Court decided its jurisdiction according to local law; Arbitral tribunal decides its jurisdiction according to the arbitration agreement and the applied ICC Rules. Court refused enforcement due to the invalid arbitration agreement. AL of the Arb. Procedure Whether the parties may select to apply procedure law of the other country? Process to negotiate NYC Nationality of the award Deciding Authority Arbitration institution Arbitration tribunal National court Union of India v. Mcdonell Douglas Corporation (269) The applicable law of the arbitration “In the event of dispute or diffe