Legea aplicabilă clauzei compromisorii – lex loci arbitri sau lex contractus? Curtea de Casație din Franța versus Curtea Supremă din Anglia
Applicable Law to the Arbitration Agreement - lex loci arbitri or lex contractus? Cour de Cassation de France versus United Kingdom Supreme Court

Summary/Abstract: Apart from the acknowledged advantage of speed associated with international commercial arbitration, it can nonetheless give rise to certain complex conflict of-law situations that could be relatively easily avoided. This study aims to analyse the possibilities of determining the law applicable to the arbitration agreement in the absence of an express choice from the parties, starting from a case decided simultaneously but differently by the French and English courts. The paper also explores the relevant rules of domestic law in Romania and identifies the answer that is required under them. Last but not least, solutions are proposed in order to avoid complications caused by varying views amongst jurisdictions on the arbitration clause.

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