Conflict of laws: curial law

Conflict of laws issues are particularly complex in arbitration cases. There are four separate matters that have to be distinguished: the law applicable to the substantive contract; the law applicable to the arbitration clause; the law applicable to the procedure of the arbitration; and the law applicable to the reference to arbitration. These matters are potentially entirely separate, and different applicable laws can apply to each. There are various presumptions which apply where there is silence on one or more of these matters. In Shagang South-Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm) the issue was whether a clause which provided for the place of the arbitration also by implication amounted to a choice of the procedural law of that place.

The ruling of Hamblen J, consistent with earlier authority, was that there was a strong presumption to that effect.