《FORUM INTERNATIONALE NO.24 JUNE1997》求取 ⇩

Ⅰ. Introduction1

Ⅱ. The autonomy of the parties2

Ⅲ. Does arbitration have a forum?3

Ⅳ. The arbitration clause as an independent source of the arbitrator's authority7

A. The separability of the arbitration clause.7

B. What if, it is alleged, there never was a contract at all?9

C. Pervasive illegality10

D. What law determines the question of separability?11

E. Competence to determine the existence of the arbitration agreement itself11

Ⅴ. The choice of the arbitral seat12

Ⅵ. Choice of law as regards the arbitration agreement13

Ⅶ. The scope of the law governing the arbitration agreement15

A. Capacity15

B. The existence of the agreement16

C. Form16

D. Arbitrability17

1. The law of the forum17

2. The law governing the arbitration agreement18

3. The law of the seat of arbitration19

4. The law of the place of enforcement.19

Ⅷ. The substantive law to be applied by the tribunal19

A. Application of the choice of law rules of the arbitral seat.21

B. Choice of conflict rules by the arbitral tribunal21

C. A direct choice of national law22

D. The application of general principles of law22

Ⅸ. The law governing procedure23

Ⅹ. Mandatory rules24

A. The law governing the agreement25

B. The law of the arbitral seat25

C. Mandatory laws of a third country26

Ⅺ. Conclusion27