Keywords: applicable law, international arbitration agreement, choice of law, separability principle, pro validatis approach, lex causae, lex arbitri, Sulamerica
Abstract: The article deals with the issue of law applicable to international arbitration agreement. Following the definition of the nature of arbitration agreements and the principle of separability, it explains the conflict of law approach to the determination of applicable law. The next part examines the application of the pro validatis approach to the determination of the applicable law in British courts’ caselaw. The article aims to evaluate whether, and alternatively to what extent, the pro validatis approach in international commercial arbitration influences the determination of the law applicable to arbitration agreements.