Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Conceptual Framework of International Commercial Arbitration

A tribunal seated in India hears a dispute between Indian firm Sagar Exports and a UK buyer. The contract designates English law as governing, without mentioning conflict of laws. Which is correct under the Act?

The tribunal applies English substantive law, because a designation of a country's law is read as directly referring to its substantive law and not its conflict of laws rules, unless otherwise expressed. Amiable compositeur needs express authorisation.

  1. AThe tribunal applies English substantive law, not its conflict of laws rules, unless otherwise expressedCorrect
  2. BThe tribunal applies Indian substantive law
  3. CThe tribunal applies English conflict of laws rules first
  4. DThe tribunal may decide as amiable compositeur by default

Explanation

For an international commercial arbitration seated in India, a designation of a country's law is construed as referring to its substantive law, not conflict rules, unless otherwise expressed. Deciding ex aequo et bono needs express authorisation.

Did you get it right without looking?

One question tells you little. A timed set on Conceptual Framework of International Commercial Arbitration shows your real accuracy, how long you take and where you lose marks.

Practise Conceptual Framework of International Commercial ArbitrationFree diagnostic mock

More Conceptual Framework of International Commercial Arbitration questions