What is the law of the award in applicable law of an arbitration clause?
Some conventions such as the New York Convention, the Inter American Convention on International Commercial Arbitration, and the European Convention on International Commercial Arbitration, all provide that the law of the award shall be applied in determining the validity of an arbitration agreement. However, we must bear in mind, when reading these conventions, that such a provision occurs only in the context of the recognition and enforcement of an arbitration award, in which case an award has already been made and the place where the award is made has been ascertained. But, in practice, the question of the validity of an arbitration clause might well spring before the arbitral proceedings commence and by that time no place of award will have come into existence.
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