Abstract:

Although, International Commercial Arbitration is known as private commercial judgement emerged independently from authority’s power but not far from international contemporary practice of the commerce, during negotiation and finalization of the Conventions related with International Commercial Arbitration needed to work with several different law and legal system of States which influenced by states authorities’ own political, social, cultural and economic structure. Finally, the applicable law to substance of the international commercial dispute at International Commercial Arbitration judgement was defined as “law”, “rules of law”, “the terms of the contract, parties’ behaviour, the usages of the trade applicable to the transaction” and “ex aequo et bono or amiable compositeur” and these are applied in applicable law clauses of Conventions related with International Commercial Arbitration and Arbitration Rules of Institutional Arbitration Organizations. However, during the choosing of applicable substantive law to the merit of dispute which it determines to be appropriate, the parties and arbitrators, in the absence of parties’ agreement on decision of applicable law to substance or failing any designation by the parties are encountering with restrictions which described at clauses in Conventions and Arbitration Rules in spite of they have own freedom to determine such law as mentioning on ordinary doctrine. International Commercial Law is usually referred to as a living law discipline in dynamic field. Therefore the determination of predictability has to be provided upon applicable law to substance of the dispute at International Commercial Arbitration. The remedy of the international commercial dispute is connecting with several different law and legal system of States so in order to struggle to reach a remedy that is acceptable by parties under the coverage of the precise law or legal system must not create any obstruction for sustainability and development of the international commerce.

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