The Applicable Law Of International Commercial Arbitration Procedure

The application of international commercial arbitration law is complicated and controversial. The application of international commercial arbitration law contains two aspects:the application of substantial law and procedural law. The application of procedural law has been the most difficult issue in the field of international commercial arbitration. Which law can be used in the international arbitration procedure and how to choose the procedure law of arbitration fails to reach agreement in the international community. The parties can choose the arbitration procedure law based on their autonomy of will. In some countries, this principle is reflected in the choice of the procedure law of arbitration. Each of these countries imposes restrictions on this option, but the restrictions are not the same. To deal with the problem of the application of law in arbitration procedure is very important for a country. In the macroscopic view, it matters the position of a country’s arbitration law; from microscopic side, it matters how to resolve the disagreement rapidly and efficiently. It also matters whether the outcome of the dispute is fair or not. If we want to increase the attraction of international commercial arbitration institutions, we must pay more attention on this issue. Whether the application of the international commercial arbitration procedure law is appropriate or not is the key point of this paper. Based on that and centering on problems occurred in the application of China’s arbitration system, we hope to further research and put forward some suggestions on China’s arbitration system.