CL-2025-000046 - [2025] EWHC 1738 (Comm)

This issue raises a further and distinct reason as to why section 45 is inapplicable in the present case. It is said that, although the law of the seat is English, the governing law of the arbitration is not English (or English conflicts of law) but international law and moreover that the UNCITRAL Rules confer a discretion on the Tribunal as to the rules which it is appropriate to apply; see paragraphs 139-140 of PO6. In such circumstances it is said that section 45 cannot apply because that only applies to questions of English law; see section 82. This is another short question of construction, though different from Issues 3, 2 and 1.