R.S. 9:4268

Rules applicable to substance of dispute ACTIVE

A. The arbitral tribunal shall decide the dispute in accordance with the rules of law as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of law rules.

B. Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of law rules which it considers applicable.

C. The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.

D. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.

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References

None.

Cited by

History

  • enactment Acts 2006, No. 795, §1

Section navigation

Cite R.S. 9:4268

Bluebook
La. Rev. Stat. Ann. § 9:4268 (2026).
Permalink
https://theusufruct.com/rs/title-9/section-4268
BibTeX
@misc{larevstat-9-4268,
  title        = {La. Rev. Stat. Ann. § 9:4268},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-9/section-4268},
  note         = {Snapshot 2026-05-22}
}