International business transactions

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OUTLINE International Business Transactions

COL rules in Art 28

Institutional Rules

Law Applicable to the Arbitration Agreement

law applicable to the arbitration agreement governs the formation, validity, enforcement and termination of the agreement. It deals with
- formal requirements of the arbitration agreement,
- the arbitrability of its subject matter,
- its autonomy in relation to the contract in which it is contained,
- the arbitrators’ capacity to rule one their own jurisdiction
- the extent to which judicial review is admissible
There are different criteria for determining the law applicable to the arbitration agreement
- Law chosen by the parties
- Law applicable to the contract
- Procedural law applicable to the arbitration
- Law of the place of the arbitration
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