Arbitration Clauses - Stewart McKelvey

ARBITRATION CLAUSES
Nova Scotia Commercial Arbitration Act (Cont’d)
• Applicable law
• 35 (1) In deciding a matter in dispute, an arbitral tribunal shall apply
the law of a jurisdiction designated by the parties or, where none is
designated, the law of the jurisdiction the arbitral tribunal considers
appropriate in the circumstances.
• (2) A designation by the parties of the law of the jurisdiction refers to
the substantive law of that jurisdiction and not to the conflict of laws
rules of that jurisdiction, unless the parties expressly indicate that
the designation includes those conflict of laws rules. 1999, c. 5, s.
35.
24
2
2013 Construction Seminar
Copyright © 2011 Stewart McKelvey