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Conflicts of Law Issues

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ArbitrationSubstantive

We advise on choice of law issues in international arbitration, including applicable substantive law, procedural law, and the law governing the arbitration agreement.

Navigating Multiple Legal Systems

International arbitrations involve multiple legal systems. MC Law's Conflicts of Law practice helps clients navigate choice of law questions affecting substantive rights, procedural matters, and arbitration agreement validity.

Applicable Substantive Law

Determining the law governing the merits is fundamental. We analyze choice of law clauses, apply institutional rules and conflicts principles, and identify the substantive law governing parties' rights and obligations. We address situations where different laws apply to different issues.

Services in this practice

Business and Commercial Litigation

Frequently asked questions

The law governing the arbitration agreement may differ from the substantive law of the contract. It is typically determined by the parties' express choice, the law of the seat, or the law with the closest connection to the agreement.

Tribunals apply the law chosen by the parties, or absent a choice, use conflict of laws rules to identify the applicable law. The approach varies depending on whether the tribunal applies the law of the seat or uses a direct method.

The law of the seat governs the procedural framework of the arbitration, the validity of the arbitration agreement, and the grounds for setting aside the award. It provides the legal backbone for the entire proceeding.

Yes, it is common for different laws to apply to the arbitration agreement, the merits of the dispute, procedural matters, and evidence. This phenomenon, called dépeçage, requires careful analysis of each issue's governing law.

Mandatory rules of the seat, the place of enforcement, or the law governing the substance may override party autonomy. Tribunals must consider applicable mandatory rules, such as antitrust or sanctions laws, regardless of the parties' choice of law.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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