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Essay text:
Where there is no express choice of law the arbitral tribunal must determine the intention of the parties. However, where there is a choice of law by the parties, as to either the arbitration clause by itself or the contract as a whole, the parties' choice of law should be respected. Thus, in this case, since the contract called for Latina law to apply, the parties' decision should be upheld and Latina law should apply.
4. What is doctrine of Separability?
a. The concept of separability of the arbitration clause means that the arbitration clause in a contract is considered to be separate from the main contract of which it forms part and, as such, survives the termination of that contract...
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