n Lesotho Law Journal - Conflicts between the applicable law and the law of the seat and the limitations of the judicial review of arbitral awards : lessons from Lesotho Highlands Development Authority (LHDA) v Impregilo Spa

Volume 20, Issue 1_2
  • ISSN : 0255-6472



A mixed international arbitration involves parties from two different States. The parties agree on the applicable law, which is the substantive law to be applied by an arbitral tribunal. The seat of arbitration, however, also plays a fundamental role by elucidating the applicable procedural rules. This is the lex arbitri. Sometimes arbitrators can find it difficult to determine which law is applicable to which issues. This was the case in LHDA v Impregilo.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error