The Research On Of International Commercial Arbitration Substantive Law's Application

The article discusses the application of the substantive laws in,for the importance of international commercial arbitration,commercial arbitration,it is definitely that the application of substantive law is the core of international commercial arbitration,high autonomy,and not bound by fixed system of rules of conflict.Seen from international commercial arbitration practice and provisions of national legislations and international conventions,there are two ways in determining the substantive law in international commercial arbitration:firstly,parties choose by arbitration agreement;secondly,arbitrator chooses either according to rules of conflict or to situation of each case if there are no indication of parties.Different from judge,arbitrator may choose among many kinds of rules of conflict when they choose substantive law by way of rules of conflict.These rules of conflict include: rules of conflict of place of arbitration,native rules of conflict of arbitrators,rules of conflict of those countries where awards may be enforced,and rules of conflict of closed connection country,etc.International commercial arbitration may also involve application of some particular principles and rules,such as international rules, contractual provisions and international commercial usages,mandatory law.Rules of international law may be applied in two cases:either according to parties' agreement or to tribunal's decision.Arbitration tribunals should take account of provisions of contract and international commercial usages when they make a adjudication, whether parties have chosen applicable law or not,and whatever applicable law parties have chosen.The article mainly focus on the history,value orientation,basic principle,concrete rule,and mandatory rules of international commercial substantive law's application.