Examples of Law of the Arbitration in a sentence
In the event that any provision of these Rules or the agreement of the Parties with respect to the conduct of the arbitration is in conflict with any provisions of the Law of the Arbitration from which the Parties cannot derogate, the provisions of the Law of the Arbitration shall prevail.
The Law of the Arbitration shall apply to arbitration procedures conducted under these Rules.
Enesa: The Hidden Pro-validation Approach Adopted by the English Courts with Respect to the Proper Law of the Arbitration Agreement.
The arbitration shall be conducted in the Spanish language, in the city of Caracas and in accordance with Venezuelan law, in accordance with the provisions contained in the General Law of the Arbitration Center of the Caracas Chamber that is in force.
Enesa: The Hidden Pro-validation Approach Adopted by the English Courts with Respect to the Proper Law of the Arbitration Agreement’, 29 Arbitration International 115 (2013).the arbitration agreement unenforceable.16 In contrast, under the law of the seat, English law, the agreement was enforceable.
Therefore, it would not be possible to accept the submission of Mr. Ganguly that the Law of the Contract is also the Law of the Arbitration Agreement.
An award or interim award made under the provisions of these Rules shall be treated as a final award for the purposes of recognition and enforcement by a judicial authority and shall not be subject to any appeal to the courts or otherwise unless the Parties have otherwise agreed or the Law of the Arbitration requires.
The decision of the High Court and Court of Appeal in BNA is discussed in more detail in the article by Steven Lim, Revisiting the Proper Law of the Arbitration Agreement, in the May 2020 edition of this newsletter (https://1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com/wp- content/uploads/2020/05/2020-05-39-Essex-Chambers-Commercial-and-Construction-Newsletter.pdf).
The arbitration shall be conducted under the Law of the Arbitration.
Preliminary Issue – Governing Law of the Arbitration Agreement when no express choice was made For this preliminary issue, the Court affirmed the approach adopted in SulAmérica Cia Nacional de Seguros SA v Enesa Engelharia SA [2013] 1 WLR 102 (the “SulAmérica approach”).