Sayfa 3202.1. The law applicable to the arbitration clause
Determining the law governing the arbitration clause is relevant mainly with respect…
(a) ascertaining whether the clause entails a valid choice of arbitration instead…
(b) determining its objective scope of application (i.e. identifying the disputes…
(c) determining its subjective scope (with respect to a possible extension of the…
The solutions followed by the courts are mainly divided between the application of…
The lex fori orientation, according to which the court seised must decide on the validity of the arbitration clause on the basis of its own law, is followed by most US courts.…
According to the other approach, the law to be applied is the law to which the parties…
In the context of this second approach, it is reasonable to assume that the arbitration…
This question has been addressed in the Sulamerica case…
This approach in favorem validitatis, which is justified by the need to ensure respect for the parties’ intention to submit their disputes to arbitration, leads judges and arbitrators to favour the application of the lex fori and/or…
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