Article: The Putative Law of the Putative Contract - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Article: The Putative Law of the Putative Contract by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Article: The Putative Law of the Putative Contract 88 4

If the contract itself is disputed, including whether there is an agreement to arbitrate which in turn is dependent on whether standard terms were incorporated, what is the proper approach to answering those questions (including the proper law)? Does the analysis start with the putative law or the putative contract? The better view is to start with determining the putative law and, applying that, determine whether the putative contract exists.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management