Task in law (1)
By agreeing to the applicable law, the parties distribute it as a general rule for the entire contract. * However, as you known, the doctrine and the national laws of most countries adhere to the principle of autonomy of the arbitration clause. It allows for the parties to specify as the law applicable to the arbitration agreement, the right other than chosen by the parties as applicable to the main contract. In practice, this happens quite often, so the default rule, which is indicated as applicable to the contract, also applies to the arbitration clause.
If the parties agreed on the applicable law (subject to a specific contract law), legal concepts should be interpreted according to the applicable law. Therefore , regardless of the legal terms of the contract language of the text to be construed as they are understood in the applicable law (in this case, the Japanese right to choose as the applicable party's rights). Contract language provides ease of understanding, however, does not define the content of the legal concepts which are used in the text of the contract.
Concerning the language of the proceedings is necessary to note the following. In accordance with Article 22 of the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law on International Commercial Arbitration): "The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal. The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal".
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