The rights of choice and determination of applying arbitral procedure act and arbitration rules enjoyed by the parties and the arbitral tribunal have already confirmed by arbitral acts of many countries.
System of international commercial arbitration established on the basis of the principle of the autonomy of parties and development of its practice enhanced the important role of this principle in the field of applicable law.
Accompanying the principle of the party autonomy accepted generally on the applicable procedure of the international commercial arbitration, there is a new theory, this is international commercial nondomestic arbitration arising besides the traditional law at arbitration place.
The present article clarifies with emphasis on the procedure legal issue of the general arbitration, include of the jurisdiction of the arbitrators, the application of the procedure law and the substance law, the rules of procedure and proof.
The international commercial arbitration procedure consists of two different-natured parts, which are lex arbitration and rules of arbitration. Different from other scholars' opinion, my viewpoint is that we should discuss their law application rules respectively.
The international commercial arbitration procedure consists of two different-natured parts, which are lex arbitration and rules of arbitration. Different from other scholars' opinion, my viewpoint is that we should discuss their law application rules respectively. There are the "seat" theory and the de-localization theory on the choice of lex arbitration. And the application of rules of arbitration shall mainly follow the "autonomy of will" rule.
The law application of international commercial arbitral proceedings includes the applications of arbitral procedure act and arbitration rules. There are inter-relation but also differences between them. The rights of choice and determination of applying arbitral procedure act and arbitration rules enjoyed by the parties and the arbitral tribunal have already confirmed by arbitral acts of many countries. Putting forward and developing the theory of denationalized arbitration have made impact on the traditio...