ARBITRAŽA V EX-YU REGIJI

The Applicable Law in International Commercial Arbitration
Some Policy Considerations for Kosovo’s New Legislation on Private International Law

Dr. Robert Muharremi
 

The article addresses legal and policy issues concerning the applicable law in international commercial arbitration. International commercial arbitration contains at least one international element, such as nationality or residence of the parties, which leads to questions about which national law would be applicable to the arbitration. There are at least three different issues in international commercial arbitration, where questions about the applicable law may become relevant. The first question is which law applies to the arbitration agreement, as this will determine if such agreement is valid to serve as a legal basis for arbitration proceedings. The second question is which law will apply to the establishment of the arbitration tribunal, the arbitration proceedings and what role with the national courts play in the arbitration proceedings. The third question related to the question, which law the arbitral tribunal will apply to the substance of the dispute and if the arbitral tribunal is required to apply private international law rules in the absence of a choice of law by the parties.