Lex arbitri
Practical Law ANZ Glossary w-005-4978 (Approx. 2 pages)
Glossary
Lex arbitri
The lex arbitri is the law chosen by the parties to govern arbitral procedure, or the procedural law governing the conduct of the arbitration. It is also known as the curial law. Generally, the "seat" of the arbitration (or the legal place where the arbitration is held) determines the lex arbitri and is selected by the parties in the arbitration clause in the contract.
The "seat" will determine the form and extent of curial remedies available through national courts such as questions relating to the enforceability of the arbitral award. For further information about the meaning of an arbitral seat, see Practice note, Commercial arbitration: overview.
Parties to commercial arbitration may choose a lex arbitri different from the law of the place they choose for holding the arbitration.
The lex arbitri is distinct from:
- The lex causa, or the proper the law of the contract, by which the parties intended the contract to be governed.
- The procedural rules by which the parties may agree that the arbitration will be conducted. For example, the rules of arbitral institutions.
- The law governing the agreement to arbitrate.
The kinds of matters that can fall within the lex arbitri include:
- The appointment, removal, and replacement of arbitrators.
- Time-limits.
- Interim relief.
- Consolidation of arbitrations.
- Representation before the arbitrator.
- The form and validity of the award.
- The finality of the award.
For further information see Practice note, Commercial arbitration: overview.
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