Determination of the governing law of arbitration agreement
It is not infrequent for the parties to fail to specify the governing law of the arbitration agreement (clause) they include in the contract.
If the parties fail to identify the substantive law governing their arbitration agreement, then, depending on the jurisdiction, the arbitration tribunal can choose any substantive law from the following:
- The law governing the contract;
- The law of the forum;
- The law of jurisdiction best suited for resolving the dispute to be arbitrated.