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In what order are choices made
about governing law, seat and
institution/rules and do the
choices influence one another?


that in their experience, the governing law and
the seat often ‘go together’ e.g. English law
and seat in London. This is perceived as being
more ‘rational’ or ‘efficient’ – both in terms of
the cost and conduct of the arbitration (e.g.
likely location of arbitrators and specialist
lawyers), but also less risky from a legal
perspective (e.g. if there is need for recourse
to the courts of the seat during the arbitration
or to enforce the award). The issue of institution
often appears to be decoupled (e.g. English law
and seat in London may not necessarily lead to
use of the LCIA). However, practical
considerations can sometimes be taken into
account (e.g. the convenience of having the
seat and headquarters of the institution in the
same place). In most circumstances, the
institution is considered a ‘free-floating’ issue.
Furthermore, institutions such as the ICC are
considered by some to have a type of
‘a-national’ profile and appeal.




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