LEX CONTRACTUS V. SUBSTANTIVE LAW OF SEAT: SETTLING THE CONUNDRUM OF DETERMINING LAW GOVERNING ARBITRATION AGREEMENT
The law governing arbitration agreement (“governing law”) is vital as it ascertain the validity, existence and interpretation of arbitration agreement. However, the parties rarely make an express choice in respect of governing law. Thereby, it is for the arbitral tribunal to determine whether the governing law should follow the law of matrix contract (“lex contractus”)…