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Arbitration Act 1996, Merkin and Flannery on the

Page 508 PART II.I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : The award ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT : The award 1 Rules applicable to substance of dispute 46 . – (1) The arbitral tribunal shall decide the dispute – (a) in accordance with the law chosen by the parties as applicable to the substance of the dispute, or (b) if the parties so agree, in accordance with such other considerations as are agreed by them or determined by the tribunal. (2) For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not its conflict of laws rules. (3) If or to the extent that there is no such choice or agreement, the tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. Notes Page 509 §46.1 Introduction Section 46 had no predecessor in English legislation. Despite its general title, this provision offers no guidance to arbitration users working in a purely domestic context (i.e. with the proceedings and all legal and factual elements contained entirely within England and Wales or Northern Ireland), where there will be nothing to displace English law. Section 46 is irrelevant to such proceedings.

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