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Commercial Arbitration$
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Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 01 July 2022

Procedural Law

Procedural Law

(p.147) Chapter 8 Procedural Law
Commercial Arbitration

Hong-Lin Yu

Edinburgh University Press

This chapter explains the role of procedural law in arbitration. Aside from the arbitrators, the language, and the substantive law, the principle of party autonomy affords the parties to arbitration the freedom to choose the procedural law. In order to attract more cross-border arbitration business to Scotland, the policy clearly sets the tone that the choice of procedural law can be different from the choice of the substantive law. For instance, parties to arbitration may choose Swiss law to govern disputes arising from the main contract between them but to have procedural matters governed by Scottish arbitration law. In Scotland, the choice of arbitrating in accordance with the Arbitration (Scotland) Act 2010 does not affect the parties' choice of substantive law other than Scots law to determine the substantive issues. This chapter discusses issues relevant to procedural law in arbitration, including the seat of arbitration, default rules, mandatory rules, and the debate over delocalisation theory concerning the seat of arbitration in international commercial arbitration. It also considers jurisdictions where delocalisation theory has received support, such as France, Switzerland and Belgium.

Keywords:   procedural law, arbitration, Scotland, arbitration law, Arbitration (Scotland) Act 2010, seat of arbitration, default rules, mandatory rules, delocalisation theory, international commercial arbitration

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