IDENTIFYING AND INTERPRETING THE TERMS OF THE ARBITRATION AGREEMENT

WHY THE APPLICABLE LAW MATTERS

Abstract

This article (in english) will focus on identifying the main differences among the principal legal systems or traditions of contract law in providing rules or principles to identify and construe contractual terms, and their relevance to identifying and construing the terms of arbitration agreements. From an Anglo-Saxon and comparative perspective this article will identify some consequences of applying the appropriate law for the issue of identification and interpretation of the terms of arbitration agreements. We assume that the application of contract law principles is the main area of the law which claims for application. We concluded, among other ideas, that once these terms of the arbitration agreement have been identified, to interpret them, the main differences to consider are the interpreter’s goal (subjective versus objective method of interpretation) and the existence of detailed rules of interpretation or statutory guidance to judges.