The law governing the arbitration agreement is a vexed issue. Critically analyze the manner in which this law is to be determined . Explain in particular what you think the approach ought to be, and why.

Topic: The Law That Should Govern an Arbitration Agreement & Effects of the Lex Arbitri on Same

Paper details:

The question that must be answered in 4000 words is the following:

“The law governing the arbitration agreement is a vexed issue. Critically analyze the manner in which this law is to be determined . Explain in particular what you think the approach ought to be, and why.

In doing so, ensure to draw on case law, analysing and evaluating the approaches proferred in majority judgment and dissenting opinions, as well as relevant legal literature and academic discourse.”

This is a UK based university, but the course is internationally based. The law being used should be primary that of the UK or North America (US or Canada).

The primary sources are 3 different text books. If you cannot use or incorporate arguments from these books, then refund or advise ASAP:

1. The principles and practice of international commercial arbitration, third edition (2017). Author: Moses, Margaret L.

2. International arbitration, 2015. Author: Blackaby, Nigel et al

3. International Arbitration: law and practice, 2016, 2nd edition, Author: Born, Gary

 

Just by way of basics, there are 3 different potential laws that can apply to an arbitration agreement,

1) the law of the place of the arbitration (lex arbitri),

2) the law of the substance of the contract (which is what the sample essay was based on) – whether the people who contract select a law of a particular country or not is part of this analysis; and

3) the law that is most closely connect (substantial connection conflict of laws analysis).

An article on some bascgoic concepts is here: https://www.pinsentmasons.com/out-law/analysis/a-global-view-law-applicable-arbitration-agreement

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