Governing law of an arbitration agreement, and the awkward relationship between English and international law

Abstract This article discusses how the Arbitration Bill contains a new conflict of laws rule to replace the current common law test because the latter is thought to defeat party expectations. But the Bill also contains an exception to this new rule, for treaty-derived arbitration agreements. The need for this exception reveals the continuing awkward relationship between English law and international law.

Authors

Publication Details

Journal
Arbitration International
Published
2025-03-29
DOI
https://doi.org/10.1093/arbint/aiaf002
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Governing law of an arbitration agreement, and the awkward relationship between English and international law

Nathan Tamblyn
Arbitration International
International Arbitration and Investment Law
article

Governing law of an arbitration agreement, and the awkward relationship between English and international law

Nathan Tamblyn
article en

Abstract

Abstract This article discusses how the Arbitration Bill contains a new conflict of laws rule to replace the current common law test because the latter is thought to defeat party expectations. But the Bill also contains an exception to this new rule, for treaty-derived arbitration agreements. The need for this exception reveals the continuing awkward relationship between English law and international law.

Arbitration InternationalVol. 41(2)
Openalex Percentile: Top 92%
International Arbitration and Investment Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Governing law of an arbitration agreement, and the awkward relationship between English and international law — Nathan Tamblyn · Arbitration International (2025) | TGRS Research Map | TGRS