Article 21: Applicable Rules of Law
1)
The parties shall be free to agree upon the rules of law to be applied by the arbitral tribunal to the merits of the dispute. In the absence of any such agreement, the arbitral tribunal shall apply the rules of law which it determines to be appropriate.
2)
The arbitral tribunal shall take account of the provisions of the contract, if any, between the parties and of any relevant trade usages.
3)
The arbitral tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have agreed to give it such powers.
ICC Rules of Aritration:
https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/#article_21
