Choice of Law in International Arbitration Cases Subject to Judicial Review
Choice of Law in International Arbitration Cases Subject to Judicial Review
In international arbitration cases, the parties may agree to choose the law applicable in confirming the validity of their arbitration agreement or arbitration clause in addition to the law governing the master contract of the arbitration agreement or the contract that contains an arbitration clause.
If the parties agree to choose the law to govern the validity of their arbitration agreement or arbitration clause, they should make an express choice by a clear manifestation of mutual assent.
If the parties only agree upon the law governing the master contract of the arbitration agreement or the contract that contains an arbitration clause, it does not constitute an agreement upon the law governing, or applicable in confirming, the validity of their arbitration agreement or the arbitration clause in their contract.
Robert Zhang 
Steve Li 