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?
 
Macedonia
Although the Arbitration Act does not expressly address this question, based on the principle of party autonomy, the parties should be free to choose any law to govern the arbitration agreement. In practice, where an arbitration clause is included within a contract, the law chosen by the parties to govern that contract could also be considered the law governing the arbitration agreement. This notwithstanding, in the case of an arbitration seated in Macedonia, the arbitration agreement will also be subject to the mandatory provisions of the Arbitration Act.

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
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?
 
Macedonia
According to the Arbitration Act, the tribunal should decide the dispute in accordance with the parties’ agreement as to the substantive law of the dispute. In this case, renvoi is excluded, unless the parties have agreed otherwise. If the parties fail to agree on the substantive law of the dispute, the tribunal will decide the dispute in accordance with the law of a state to which the subject matter of the dispute is most closely connected. The tribunal may also decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorised it to do so (Article 28).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law