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Arbitration - Coggle Diagram

- - - - May use article 7 of the New York Convention if the law of the place of performance is more arbitration friendly
- - - - The parties can choose transnational law, cf. Arbitration Rules and UNCITRAL Model Law art. 28 (1), wording "rules of law"
        
        PECL and UPICC: p. 69-70
  - - - UNCITRAL Model 28 (2): Conflict rules the tribunal deems applicable
      - Swiss Private International Law: Closest connection with the dispute
      - The private international law of the lex arbitri
      - The tribunal can not apply transnational law according to the wording "law" in UNCITRAL Model article 28 (2)
- - - - Starting point: Follow the will of the parties
      - Wrong application of law or wrong interpretation is not excess of power
      - Only if they by their own initiative disregard the law chosen by the parties
      - By applying the applicable PIL they can restrict the party autonomy without exceeding their power p. 285
        
        May apply conflict rules and overriding mandatory rules
    - - Have to look at the ordre public of the lex arbitri
      - Must be a "Manifest breach of a rule of law regarded as essential or of a right recognised as being fundamental". p. 246, cf. C-38/98 (Renault)
      - It is the result of the award that has to infringe a fundamental principle
    - - Starting point: follow the parties' will, p. 226-272
    - - Determined by the arbitration law of the place of arbitration
      - If the dispute has no points of contact with the lex fori, they will not enforce the arbitrability rule
      - Orde public will be the court's option if relevant
    - - Legal basis: lex abitri (In Europe: UNCITRAL Model Law)
        
        Most arbitration laws: the law of the country of the party
    - - The parties have chosen law: that law decides
      - The parties have not chosen law: law of the lex arbitri
      - If the agreement is oral: The applicable arbitration law will determine the validity