الرئيسية
Published by : الهيئة الدولية للتحكيم
التحكيم التجاري الدولي
international commercial arbitration
Parties must consider not only the law that applies to the substance of the
dispute, but also the procedural law. Although the parties may adopt a set of
arbitral rules which set out the procedure for the arbitration to be conducted, and
that procedure may be unattached to any particular jurisdiction, every international
arbitration must be localised in the sense of having a juridical base or home. 1 This
is because the common law “does not recognise the concept of arbitral procedures
floating in the transnational firmament, unconnected with any municipal system
of law”. 2 The juridical base of the arbitration is variously referred to as the arbitral
seat, the lex arbitri, the procedural law, and the curial law of the arbitration. The
arbitral seat is typically the place in which the arbitration is held, but, in practice,
if various parts in the arbitral process are conducted in other places (such as the
place where a teleconference is held) this will not move the seat. The laws of the
seat will determine, for example, whether an arbitral award is valid, and the
courts of the seat may make that determination.
الهيئة الدولية للتحكيم
التحكيم التجاري الدولي
international commercial arbitration
Parties must consider not only the law that applies to the substance of the
dispute, but also the procedural law. Although the parties may adopt a set of
arbitral rules which set out the procedure for the arbitration to be conducted, and
that procedure may be unattached to any particular jurisdiction, every international
arbitration must be localised in the sense of having a juridical base or home. 1 This
is because the common law “does not recognise the concept of arbitral procedures
floating in the transnational firmament, unconnected with any municipal system
of law”. 2 The juridical base of the arbitration is variously referred to as the arbitral
seat, the lex arbitri, the procedural law, and the curial law of the arbitration. The
arbitral seat is typically the place in which the arbitration is held, but, in practice,
if various parts in the arbitral process are conducted in other places (such as the
place where a teleconference is held) this will not move the seat. The laws of the
seat will determine, for example, whether an arbitral award is valid, and the
courts of the seat may make that determination.
الهيئة الدولية للتحكيم
