Commentary

67.2 A party to the arbitration agreement was (under the law applicable to him) under some incapacity

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

67.2 A party to the arbitration agreement was (under the law applicable to him) under some incapacity

67.2 A party to the arbitration agreement was (under the law applicable to him) under some incapacity1

The ‘applicable law’ is the law governing the status of the arbitrating parties in accordance with English conflicts of law rules, and will typically be that of the party’s domicile or place of incorporation2. The term ‘incapacity’ refers to the parties’ legal capacity to enter into the arbitration agreement, as opposed to some alleged incapacity in the course of the arbitration, for example the illness3 of one of the parties, which is properly dealt with under a separate

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