Choice of Law in the Absence of an Agreement on Arbitration Institution or Seat of Arbitration
Choice of Law in the Absence of an Agreement on Arbitration Institution or Seat of Arbitration
If an arbitration agreement or clause does not specify an arbitration institution or a seat of arbitration, but an arbitration institution or a seat of arbitration can be determined in accordance with the arbitration rules agreed upon in the arbitration agreement or clause, such arbitration institution or seat of arbitration shall be deemed as the arbitration institution or seat of arbitration agreed upon by the parties.
In such a case, the court may choose to apply the law of the place of address of the arbitration institution or the law of the seat of arbitration if the parties fail to agree on the law to govern the validity of their arbitration agreement or clause.
Similarly, if different results occur when the law of the place of address of the arbitration institution and the law of the seat of arbitration are applied, the court will choose to apply the law whereby the arbitration agreement or clause will be held valid.
Robert Zhang 
Steve Li 