Abstract:

In this article entitled "The Law to be Applied in International Commercial Arbitration", the various elements of the arbitration are focused on the principle of the application of different legal rules. The license to make a arbitration contract is one of the topics to be examined in terms of arbitration and the form of the arbitration contract. Driving license is subject to the national law of the parties, and the suitable in terms of matter is the recognition of the judge's decision and the law of the requested country. The law that will then be applied is determined by the parties to make legal choices or not. If the parties have not made a legal choice, the judges may determine the law to be applied according to various criteria. These rules may be the most strictly related law or lex mercatoria, as it may be a state law determined by the laws of the lex arbitri's conflict rules. The choice of the general principles of law by the Parties or international commercial conventions and practices is sufficient for the application of lex mercatoria. However, if the parties do not make a clear or clear choice of law, the judges may apply a law (proper law) or lex mercatoria which they consider appropriate. The law to be applied is usually subject to the law of the place of arbitration, unlike the law to be applied in essence. Judges may apply a state law or a state law they directly choose, as the laws of the lex arbitri are determined by the rules of conflict, the ICC etc. They also often benefit from corporate arbitration rules. The desire of the parties also plays a role in this.

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