Cross-border arbitrations almost always touch more than one legal system, and the answer to a choice of law question can swing liability, damages, and even whether the arbitration clause is valid. We work through these conflicts of law issues so you know which law governs your rights, which law governs the procedure, and how those layers fit together before they become a problem.
Choosing the Governing Substantive Law
The law that governs the merits decides how your contract is read and what remedies are available. We analyze the choice of law clause, apply the relevant institutional rules and conflicts principles where the parties were silent, and identify the substantive law controlling each issue. Where different laws plausibly apply to different questions, we map out the consequences so you can argue for the framework that serves your case.
Procedural Law and the Seat
The procedural law of the arbitration, usually tied to the seat, controls how the proceeding runs and which courts can supervise or set aside the award. We assess how the law of the seat interacts with the chosen rules on issues like evidence, interim measures, and challenges to arbitrators. Understanding this layer early prevents surprises about what the supervising courts will and will not allow.
Law Governing the Arbitration Clause
The arbitration agreement itself can be governed by a different law than the main contract, and that distinction often decides whether the clause is valid, who is bound, and how broadly it reaches. We determine which law applies to the agreement to arbitrate and use that analysis to defend jurisdiction or, where it helps you, to contest it. We treat this as a threshold question because awards rise or fall on it.