Originally from: Arbitration Law of Czech Republic: Practice and Procedure

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37.I. LAW APPLICABLE TO THE SUBJECT MATTER OF THE DISPUTE AND APPROACHES TO THE DETERMINATION OF THE CONFLICT-OF-LAWS STATUS OF THE LEX CAUSAE IN ARBITRATION
37.I.1. International dimension in arbitration and its influence on the substantive law applicable to the merits of the dispute
It is by no means exceptional in international arbitration that arbitral tribunals focus much more on the assessment of the facts of the case, whereby they attempt to reach a conclusion on the merits, rather than on the interpretation of the law and the determination of the governing law. Consequently, international practice frequently concentrates much more on (cit.:) “what was and was not said; what was and was not promised; what was and was not done”.9 This published opinion, which could be supplemented by many others, corroborates the specific features of the determination of the governing law in arbitration. Whereas the courts are usually obliged to strictly adhere to legal rules, and in matters with an international dimension to determine and apply applicable substantive law, many arbitration doctrines are based on different or even completely opposing methods.