NEWSLETTER-2017

158 NEWSLETTER 2017 The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements - II* Att. Fatih Isik Introduction The effect of the principle of separability on determination of the law applicable to arbitration agreements was examined, and the doctrine and court opinions were summarized in the July, 2017, issue of the Newsletter 1 . As mentioned in the said article, the arbitration agreement may be governed by the law applicable to the underlying contract, or by a different law. In such case, the arbitration agreement can often be governed by the law of the seat of arbitration or some national laws and international principles. In this article, certain court decisions and arbitral awards supporting the aforesaid opinions have been compiled. Application of Law Applicable to the Underlying Contract and also to the Arbitration Agreement By default of a choice of law by the parties regarding the law ap- plicable to the arbitration agreement, some court decisions and arbitral * Article of October 2017 1 Işık, Fatih, “The Effect of the Principle of Separability on Determination of the Law Applicable to Arbitration Agreements”, Newsletter July, 2017, http://www. erdem-erdem.av.tr/publications/newsletter/the-effect-of-the-principle-of-sepa- rability-on-determination-of-the-law-applicable-to-arbitration-agreements/ (Ac- cess date: 05.10.2017) For more information regarding the topics in this article, doctrine opinions, arbitral awards and court decisions, please see Işık , Fatih, Milletlerarası Ticari Tahkimde Tahkim Anlaşması Yapma Yetkisi ve Bu Yetkiye Uygulanacak Hukuk ( Authority to Conclude Arbitration Agreements and the Ap- plicable Law in International Commercial Arbitration ), On İki Levha Yayıncılık, May, 2015, p. 83-97.