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The Law Governing an Arbitration Agreement

Student: Romanova Polina

Supervisor: Elena Mokhova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

The research paper deals with the current problems of determining the law applicable to the arbitration clause. The author concluded that each of the approaches previously used by courts and arbitral tribunals has certain drawbacks: either it provides for too strict regulation, which does not take into account the specifics of the dispute (the choice of the law of the seat of arbitration or of the main contract), or does not provide legal certainty, any clear criteria (the rule of the closest connection). It is suggested that these deficiencies should be addressed by applying the principles set out in the New York Convention and the UNCITRAL Model Law, which establish a presumption in favour of the validity of arbitration agreements and the validation principle applicable to the choice of law governing such agreements.

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