Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
United States
The Federal Arbitration Act (FAA) does not include choice of law rules. The parties are generally free to select the substantive law that will apply in the arbitration. It is advisable for parties to state clearly the law applicable to the dispute in advance, to avoid complicated choice of law disputes (Mastrobuno v Shearson Lehman Hutton, 514 US 52 (1995) (parties wishing to apply state arbitration law cannot rely on a general choice of law provision in the contract, but must explicitly require the application of state arbitration law)). The FAA pre-empts state laws that directly conflict with the FAA, that single out or discriminate against arbitration, or that “stand as an obstacle to the accomplishment of the FAA’s objectives” (AT&T Mobility LLC v Concepcion, 563 US 333, 334 (2011)).

For more information about this answer please contact: Jonathan Landy from Williams & Connolly
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
United States
The tribunal will uphold a party agreement specifying the substantive law of the dispute. If the parties have not specified the applicable law, arbitrators will determine the applicable substantive law. Institutional arbitral rules typically give arbitrators the discretion to apply whatever law they deem appropriate (see JAMS Arbitration Rule 24(c); International Institute for Conflict Prevention and Resolution Administered Arbitration Rules (2013), Rule 10.1).

For more information about this answer please contact: Jonathan Landy from Williams & Connolly