Law of the seat governs arbitration agreement, not contract's governing law: DIFC Court

Published on : 25 Oct 2025, 5:09 am

The Dubai International Financial Centre (DIFC) Court has ruled that the law of the arbitral seat governs the arbitration agreement, even when the main contract is subject to a different governing law. ( Oswin Vs Otila )

Justice Sir Jeremy Cooke passed the ruling while addressing a dispute over conflicting clauses in a joint venture arrangement related to a project for the operation of a hazardous waste facility.

"Whereas there was previous debate about the law which governs an arbitration agreement where the governing law of the contract differs from that of the seat of the arbitration, in my judgement it is now clear, both as a matter of common law as well as English statute, that it is the law of the seat which constitutes both the lex cu