Where is the arbitration taking place? Arbitration agreements, applicable law and administration of arbitrations by foreign institutions

Session 2

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Where is the arbitration taking place? Arbitration agreements, applicable law and administration of arbitrations by foreign institutions

Where is the arbitration taking place? Arbitration agreements, applicable law and administration of arbitrations by foreign institutions

Session 2

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Date and time:

Start: February 9, 2021, 5:00 PM CST

End: February 9, 2021, 6:30 PM CST

The official place of an arbitration can make a difference to the identity of the tribunal members, the procedures, the rules of substantive law and to the outlook and cultural sensitivities of the parties, counsel and the tribunal. These may in turn make a difference to the result in the arbitration and the available recourse against the award.

Contracts often contain arbitration agreements, but it has been said that arbitration agreements are to be treated as independent of the other terms in the contract. They are presumed to be separate and can have their own applicable law. A contract whose applicable law is stated to be Chinese law may have an arbitration agreement that arbitration under a non-Chinese arbitral institution. In such a situation, what is the law applicable to the arbitration agreement? Is it Chinese law because Chinese law is the applicable law for the rest of the contract? Is it the law of the place of the arbitration? Is it the law of the nationality of the arbitral institution or the law of the arbitral institution’s head office? Or it is some other law? These questions and their answers may also be relevant to the question whether an arbitral institution, whose nationality or head office is not located in the place of arbitration, can administer the arbitration proceedings.

Please join Dentons’ international arbitration specialists on February 2 and February 9 from our China, Hong Kong, Singapore, Russia, USA, Canada, Poland, Germany, France, and U.K. offices as they examine these issues in a special two-part webinar series.

Our February 2 event will feature speakers from our Poland, Germany, France and UK offices and our February 9 event will feature speakers from China, Hong Kong, Singapore, Russia, US and Canada.

If you are interested in attending, please email us at zelun.zhu@dentons.cn and indicate which the session you would like to join. After receiving your registration, a confirmation email will be sent to you soon with the Zoom link of the online conference room.

We hope you can join us!