ABSTRACT

This chapter focuses on three related areas which establish a framework within which an international commercial arbitration can take place. First, the various applicable laws which may need to be considered in the context of an international commercial arbitration; secondly, the international conventions and treaties that are relevant to international commercial arbitration; thirdly, the UNCITRAL Model Law and Arbitration Rules, which represent an attempt to promote greater uniformity in international commercial arbitration. A number of systems of law may simultaneously have some application to an international commercial arbitration. In the case of corporate or state entities, the law applicable to establish capacity to enter into an arbitration agreement will usually is the law of the state in which the entity has its domicile. The law which is applicable to the recognition or enforcement of an award is that of the state in which enforcement is sought.