Applicable law, amiable compositeur | Arbitration Q&A by Hesham Elrafei

 

Applicable law, amiable compositeur 

Which applicable law will the tribunal apply to the substance of the dispute?

The tribunal will apply the rules of law chosen by the parties to the substance of the dispute.

What if the parties did not choose an applicable law to the substance of the contract?

If no applicable law chosen by the parties, the tribunal will apply the law it finds more appropriate to the dispute. 

The tribunal must decide the case as per the contract terms, taking into account any usage of trade applicable to the transaction.

Can the tribunal decide  the dispute as amiable compositeur or ex aequo et bono?

The tribunal must decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized it to do so.