Not exact matches
These Rules shall govern the
arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the
arbitration from which the parties can not
derogate, that provision shall prevail.
It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute
arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law
from which the parties can not
derogate.
Although, it was pointed out on behalf of the Appellant that in Rule 1.1 it had been stated that if any of the SIAC Rules was in conflict with the mandatory provision of the applicable law of the
arbitration,
from which the parties could not
derogate, the said mandatory provision would prevail, such is not the case as far as the present proceedings are concerned.