SPILAScottish Provident International Life Assurance
SPILAStrategic Policy and International Labour Affairs (Canada)
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Procedural public policy contains guarantees that ensure, like the guarantees explicitly mentioned in Article 190(a) to (d) of the SPILA, an independent consideration of all the applications and allegations that the parties filed in accordance with the applicable procedural rules.
Article 176 of the SPILA (Scope of application; seat of the arbitral tribunal)
On the other hand, when the parties do not make use - directly or indirectly by choosing rules of arbitration containing a choice of law provision - of their faculty to choose the applicable law, the determination of the applicable law lies, according to Article 187(1) of the SPILA, within the powers of the arbitrators.
It can also be observed that Article 187(1) of the SPILA constitutes the entire conflict of laws system applicable to arbitral tribunals, which have their seat in Switzerland, as "the other specific conflict of laws rules contained in Swiss private international law are not applicable to the determination of the applicable substantive law in Swiss international arbitration proceedings.
The far-reaching freedom of the choice of law in favour of the parties, based on Article 187(1) of the SPILA, is confirmed by Article R58 of the CAS Code.
The view that the wording of Article R58 of the CAS Code seems to indicate that the arbitral tribunal has always to decide in accordance to the applicable regulations and that sports law always prevails against the eventually applicable state law (64) has been criticised, because while it is compatible with Article 187 of the SPILA, it is incompatible with the principle of parallel applicability of sports regulations and the (other) rules of law.
Indeed, due to the fact that Article R58 of the CAS Code, as expression of the parties' will, has priority over Article 187 of the SPILA, only a "supplementary" choice of law of a sport regulations (or of other non-national rules) allows the CAS Panels not to examine which national law is applicable to the dispute.
67) This is also perfectly compatible with Article 187(1) of the SPILA.
88) Indeed a choice of law in accordance with Article 187(1) of the SPILA - respectively in accordance with Article 58 of the CAS Code - can also be made tacitly.
In the Ionikos cases the Panels underlined the relevance of Article 187 of the SPILA and Article R58 of the CAS Code.