Which law shall be applied to the arbitration clause?
In determining the proper law of the arbitration clause, the general conflict of laws rules shall apply and two steps are usually taken in the process of the determination. (1) Intentions of the parties. The intentions of the parties may be expressed in words or inferred from the clause and all the surrounding circumstances. (2) Closest and most real connection. When the intentions of the parties are not expressed nor possible to be inferred, the proper law of the arbitration clause shall be the system of law with which the arbitration has its closest and most real connection. Wherever the place of arbitration is, the law of the place of arbitration will usually be considered as most closely connected with the arbitration.
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