Article 44. Rules applicable to the merits of the dispute
On international commercial arbitration (ZRU-674-son) · Date: 16.02.2021 · In force
The arbitral court shall resolve the dispute in accordance with such rules of law as the parties have chosen as applicable to the merits of the dispute.
Unless otherwise indicated, any designation of a state's law or system of law shall be construed as making direct reference to the substantive law of that state and not to its rules concerning conflict of laws.
In the absence of any designation by the parties, the arbitral court shall apply the law determined in accordance with the conflict of laws rules it considers applicable.
The arbitral court shall decide in equity or as an "amiable compositeur" only if the parties have expressly authorized it to do so.
In all cases, the arbitral court shall decide in accordance with the terms of the contract and taking into account the commercial customs applicable to the transaction in question.
