Law Applicable to Substantive Validity of Arbitration Agreements: Reflections under the Model Law
My take on the interpretation of articles 34(2)(a)(i), respectively 36(1)(a)(i) of the Model Law (likewise on article V(1)(a) NYC), which, as mentioned, are generally considered to apply to the substantive validity of the arbitration agreements as well, is that the likely intention of the legislator was to consider parties’ choice for the law of the main contract as an implied choice for the law applicable to the arbitration agreement.
