29. International Arbitration

Abstract

This chapter focuses on international arbitration, which broadly covers any reference to arbitration involving parties in different states. International arbitration is most frequently met in the shipping, construction and engineering, oil and gas industries, and also in disputes involving insurance, banking, and financial services. Different systems of law may govern the substantive contract, the agreement to arbitrate, and the procedural law of an arbitration. Ideally the parties will have reached express agreement on the system(s) of law governing each of these areas. If there is no express agreement on the system of law, it will be determined from all the circumstances. The chapter then considers a range of possible challenges to the jurisdiction of a tribunal, as well as several different ways in which a challenge to the tribunal's jurisdiction can be brought. It also looks at the International Chamber of Commerce (ICC) arbitration rules and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Arbitration.