REFLECȚII ASUPRA AUTONOMIEI CONVENȚIEI DE ARBITRAJ

Abstract

The legal regime of the arbitration agreement is dominated by the principle of the autonomy of this agreement. The autonomy of the agreement is manifested by its independence from the the main contract, which in turn determines its independence from the law governing this contract. In principle, the arbitration agreement is subject to the law designated by the parties. In the absence of an express designation by the parties of the law applicable to the agreement, either the law of the seat of arbitration (lex arbitri), or the competent law by virtue of the conflict of laws rules of the forum that examines the existence and validity of the arbitration agreement, or the substantive law of this forum, or the law applicable to the subject matter of the litigation (lex causae) and in particular the law applicable to the main contract (lex contractus) may be applied.