Introduction

One of the guiding principles underpinning international commercial arbitration is that of party autonomy. This extends to all manner of determinative factors, both procedural and substantive. One such key element is the freedom for parties to select the law that will govern the substance of their dispute, in addition to the law that will govern the arbitral procedure and the law that will govern any arbitration agreement between the parties. This principle in relation to choice of law governing the substance of the dispute is reflected in Model Law and non-Model Law regimes ...