The Effect of the Rome I Regulation upon the Choice of Non-State Law and “Amiable Composition” by Parties in Arbitration

Abstract

This study aims to explore the effect of the Rome I Regulation upon the choice of non-state law or resolving the dispute "amiable composition" by parties in arbitration. Although it is argued by some commentators that these concepts cannot be applied to arbitration as an effect of the Regulation, nevertheless the study concludes that the parties are allowed to choose the application of non-state law and arbitrators are obliged to accept the parties' choice. Although the Rome I Regulation does not have any effect in choice of law rules in arbitration, this does not mean that the arbitration system is completely free of the Rome I Regulation. For example, arbitrators, like judges, are obliged to apply the mandatory rule of law within Europe.