Is curial law the same as lex arbitri?

The procedural law of an arbitration is also called the ‘lex arbitri’ or the ‘curial law’. It provides the framework for the power of the courts supervising and supporting the arbitration, and for most challenges to awards. The curial law does not generally specify the detail of how the arbitration is conducted.

Is lex arbitri the seat of arbitration?

Juridical seat or lex arbitri The law that is applicable to the arbitration proceeding is the law of the juridical seat of the arbitration or more commonly referred to as lex arbitri. The lex arbitri would determine the courts which can exercise supervisory jurisdiction over the arbitration proceedings.

What is the law of the seat of arbitration?

The place of arbitration (also commonly referred to as the ‘seat of arbitration’) determines the governing procedural law of the arbitration and the enforceability of the award. The place of hearing, on the other hand, is the physical location where the hearing is held.

What is governing law in arbitration?

The law governing the arbitration agreement will decide matters of formal and substantive validity, formation, termination, interpretation, assignment and waiver of the arbitration agreement. If it is not specified, a choice-of law rule will be applied to find it.

What is delocalisation in arbitration?

In its most simplistic form, delocalization involves freeing an international arbitration from the constraints of the lex loci arbitri (procedural law of the place of arbitration), thereby leaving it to “float” free of national jurisdiction, irrespective of where the arbitration takes place.

Is place and seat of arbitration same?

In general, the “seat” is a place where the court have supervisory and governing powers over the arbitral proceedings. However, the “venue” is a place where the proceedings of arbitration such as hearing of witnesses, experts or the parties or the inspection of goods and properties are concluded.

Who chooses the seat of arbitration?

Usually each party nominates one arbitrator and the two arbitrators so nominated appoint the third, who acts as the chairman of the arbitral tribunal.