1. If the parties fail to agree on the statutory rules applicable to the subject matter of the dispute, the Arbitral Tribunal shall apply the substantive rules of the law it deems most connected to the subject matter of the dispute. 2. When deciding on the subject matter of the dispute, the Arbitral Tribunal shall take into account the terms of the contract subject of the dispute, prevailing customs and practices applicable to the transaction, and course of dealing between the parties. 3. The Arbitral Tribunal may not adjudicate the merits of the dispute ex aequo et bono, without being restricted by the provisions of law, unless the parties expressly agree to the same or authorize the Tribunal to act as an amiable compositeur.
Interpretation and application must be checked against the official text and current version.