CIArb AWARD WRITING TECHNIQUES: CHALLENGE ON LEX ARBITRI
Party may mount various challenges to derail a hearing and the most often in international arbitration is:
Challenge on Lex Arbitri
[i] Art.20(1)ML, “The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal […]”
[ii] Sulamérica v Enesa Engenharia  EWCA Civ 638
[iii] Kabab-Ji v Kout Food Group  EWCA Civ 6
[iv] Rome Convention 1980
[v] Art.4(5) Rome Convention 1980
[vi] The use of ‘England’ or ‘England and Wales’ is unlikely to cause any problems as both share one jurisdiction in relation to the administration of justice as the ‘judicial seat’.
AWARD WRITING BLOG FOR ARBITRATION
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