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’.
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AWARD WRITING BLOG FOR ARBITRATION
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