All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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14.

Lex Arbitri Means

A: Arbitral tribunal sitting in India can apply the buy the Singapore
B: Just Law
C: Arbitrary Law
D: None of these

The answer is: D

Explanation

The correct option is D: None of these.

Lex arbitri means the law of the arbitration, or the law that governs the arbitration proceedings. It is not the same as the substantive law that applies to the dispute itself, which is called lex causae. Lex arbitri is usually determined by the choice of the parties or the arbitrator, and it can be different from the law of the court where the arbitration is brought, which is called lex fori. Lex arbitri regulates matters such as the constitution and powers of the arbitral tribunal, the conduct and fairness of the arbitration process, the validity and enforceability of the arbitration agreement and award, and the relationship and interaction between the arbitration and the courts.

The other options are incorrect for the following reasons:

Option A: Arbitral tribunal sitting in India can apply the law of Singapore is not a definition of lex arbitri, but an example of how lex arbitri can be chosen by the parties or the arbitrator. The law of Singapore in this case would be the lex arbitri, but it does not mean that lex arbitri always refers to Singapore law.

Option B: Just law is not a definition of lex arbitri, but a vague and subjective term that has no clear meaning in arbitration law. Lex arbitri is not necessarily just or unjust, but depends on the legal system and principles that it follows.

Option C: Arbitrary law is not a definition of lex arbitri, but a derogatory term that implies that the law is unreasonable or capricious. Lex arbitri is not arbitrary, but based on rational and consistent rules that are agreed upon by the parties or the arbitrator.