Arbitration Law and Regulatory Framework: Seat, Law and Enforcement
Three laws, not one
Candidates must keep separate the law governing the arbitration agreement, the law of the seat (which governs procedural support and setting aside), and the law governing the substance of the dispute. Questions frequently conflate them. The seat is a legal concept, not merely a physical location; hearings may be held elsewhere without changing the seat. Know the difference between the seat and the venue, and between institutional and ad hoc arbitration.
The New York Convention framework
The Convention governs recognition and enforcement of foreign awards and the referral of disputes to arbitration. Article II concerns the agreement; Article III the obligation to enforce; Article V the exhaustive grounds for refusal. Traps include treating Article V grounds as a merits appeal, forgetting that some grounds are discretionary and some mandatory in character, and confusing the burden of proof. Public policy is narrowly construed.
Setting aside and interim measures
Know the usual grounds for setting aside at the seat: incapacity, invalid agreement, lack of notice, excess of authority, irregular composition, non-arbitrability, and public policy. Understand that courts may remit an award rather than annul it, and that interim measures may be ordered by courts or tribunals, with tribunal-ordered measures generally enforceable through the courts.
Rule of thumb
Ask: which law governs this question? If it is enforcement abroad, start with Article V; if it is annulment, start at the seat; if it is the validity of the clause, apply the law chosen for the clause or the seat's conflicts rule.