The arbitrators' powers differ in determining the legal rules that they apply to the disputes of international contracts, and this has a difference in the nature of the rules they apply to the subjec these disputes ,A comparative study of the methods of arbitrators reveals the legal rules applied to disputes before them that the arbitrators are obliged to applying the legal rules chosen by the parties to apply to their contract Whether the parties choose the resolution oftheir disputes governed by a national law or by transnational rules For example lex mercatoria Which consists of international trade customs,usages,and the general principles of law relating to international commercial contracts issued by the International Institute for the Unification of Private Law( Unidroit) , The parties may also agree to amiable compositeur arbitrators to settle the dispute in accordance with the rules of justice and equity, whatever their source, without complying with the rules of the national law of a particular State In the absence of parties to the applicable law, arbitrators shall determine that law by means of conflict of laws rules or direct identification of this law, Arbitrators can also freeing international contracts from the control of national laws that have become incompatible with the latest developments in international trade that national laws can not pursue.Therefore, they implement other rules that are more appropriate and responsive to the requirements and transactions of international trade (Apply transnational rules)
Whether The arbitrators restricted by law or amiable compositeur are obliged to observe the basic procedures of litigation and rules with the necessary application (Mandatory rules of law) whether they belong to the law applicable to the contract or are foreign to it If there is a close rational link between the content and scope of the rules that justify their application to ensure the effective implementation of the arbitral award .
Since the international arbitrator does not Lex arbitri such as the one held by the national judge (Lex fori) and this has two consequences.
The first: is to consider all the necessary application (Mandatory rules of law) foreign to the arbitrator and deal with this basis
the second : The difference between the concept of public order before the international arbitrator and the national judge Before the national judge has a purely national character while the international arbitrator is committed only to the real international public order .
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