The role of arbitration in implementing the contracting parties' will in selecting the applicable law.
DOI:
https://doi.org/10.58916/alhaq.vi.263Keywords:
Arbitration, contract, will, arbitrator, contracting parties.Abstract
Resorting to arbitration as a means of resolving disputes is due to the freedom enjoyed by the parties to the arbitration dispute in choosing the law applicable to the arbitration proceedings, in addition to the freedom to choose the arbitration body and the law governing the dispute. The parties’ choice of a specific law does not mean that it must be the law of a specific country; rather, the parties may choose multiple laws from different countries in a fragmented manner to resolve the dispute, in addition to choosing other rules to resolve the dispute that do not have to be of a national source. In the absence of an express or implied agreement by the parties, the arbitrator may choose the most appropriate law for the dispute based on the strong connection and link between that law and the subject of the dispute. When determining the most appropriate law, the arbitrator must take into account the terms of the contract and the prevailing commercial custom in the type of activity to determine the appropriate law. The arbitrator may also exercise his authority in accordance with the rules of justice and fairness provided that the parties choose this method, which relieves the arbitrator from the task of determining the law applicable to the dispute.
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