Revised Code of Washington
Chapter 7.05 - International Commercial Arbitration.
7.05.390 - Rules applicable to substance of dispute.

RCW 7.05.390
Rules applicable to substance of dispute.

(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. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.
(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.
(4) 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.

[ 2015 c 276 § 39.]

Structure Revised Code of Washington

Revised Code of Washington

Title 7 - Special Proceedings and Actions

Chapter 7.05 - International Commercial Arbitration.

7.05.010 - Scope of application.

7.05.020 - Definitions and rules of interpretation.

7.05.030 - International origin and general principles.

7.05.040 - Receipt of written communications.

7.05.050 - Waiver of right to object.

7.05.060 - Extent of court intervention.

7.05.070 - Court authority for certain functions of arbitration assistance and supervision.

7.05.080 - Arbitration agreement—Definition and form.

7.05.090 - Arbitration agreement—Substantive claim before court.

7.05.100 - Arbitration agreement—Interim measures by court.

7.05.110 - Number of arbitrators—Immunity.

7.05.120 - Appointment of arbitrators.

7.05.130 - Disclosure requirements—Grounds for challenge.

7.05.140 - Challenge procedure.

7.05.150 - Failure or impossibility to act.

7.05.160 - Appointment of substitute arbitrator.

7.05.170 - Competence of arbitral tribunal to rule on its own jurisdiction.

7.05.180 - Power of arbitral tribunal to order interim measures.

7.05.190 - Conditions of granting interim measures.

7.05.200 - Application for preliminary orders—Conditions for granting preliminary orders.

7.05.210 - Procedures for preliminary orders—Expiration of preliminary orders.

7.05.220 - Modification, suspension, termination of preliminary orders.

7.05.230 - Provision of security.

7.05.240 - Disclosures.

7.05.250 - Costs and damages.

7.05.260 - Recognition and enforcement of interim measures.

7.05.270 - Grounds for refusing recognition and enforcement.

7.05.280 - Court-ordered interim measures.

7.05.290 - Equal treatment of parties.

7.05.300 - Determination of rules and procedure.

7.05.310 - Place of arbitration.

7.05.320 - Commencement of arbitral proceedings.

7.05.330 - Language used in proceedings.

7.05.340 - Statement of claim and defense.

7.05.350 - Hearings and written proceedings.

7.05.360 - Default of a party.

7.05.370 - Expert appointed by arbitral tribunal.

7.05.380 - Court assistance in taking evidence—Consolidation.

7.05.390 - Rules applicable to substance of dispute.

7.05.400 - Decision making by panel of arbitrators.

7.05.410 - Settlement.

7.05.420 - Form and contents of award.

7.05.430 - Termination of proceedings.

7.05.440 - Correction and interpretation of award—Additional award.

7.05.450 - Application for setting aside as exclusive recourse against arbitral award.

7.05.460 - Recognition and enforcement.

7.05.470 - Grounds for refusing recognition or enforcement.