Section 9
Amendment of section 30
of Arbitration (Amendment) (No. 2) Act 2018
Section 30 of the principal Act is amended—
(a)
by substituting for subsection (1) the following subsection:
“(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute.”;
(b)
by deleting subsection (2);
(c)
in subsection (3), by substituting for the words “Any designation by the parties of the law” the words “Any designation of the law or legal system”;
(d)
by substituting for subsection (4) the following subsection:
“(4) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.”;
and
(e)
by inserting after subsection (4) the following subsection:
“(4a) The arbitral tribunal shall decide according to equity and conscience only if the parties have expressly authorized it to do so.”.
Arbitration (Amendment) (No. 2)