Factual background Vin Mist Ltd., a seller, and Elend Ltd, a buyer, concluded a sales agreement in Aberdeen, Scotland. Vin Mist Ltd. is a company founded and registered in Croatia, and Elend Ltd. is a company registered in Scotland. 49% of shares in Vin Mist Ltd. are held by the Republic of Croatia. The contract was to be performed in Scotland, i.e. the goods were to be delivered to the branch of Elend Ltd. in Aberdeen. The Sales Agreement contained the following clauses:| ** * * Section 24 Arbitration All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules. The seat of the arbitration shall be Zagreb, Croatia. The arbitration proceedings shall be conducted in English. Section 25 Applicable law Law governing the contract is Croatian law, excluding the UN Convention on the Contracts for International Sale of Goods (CISG).Elend Ltd. commenced an ICC arbitration in Zagreb in September 2021. Elend Ltd. filed the Request for Arbitration when, upon examining the goods, they concluded that they were not of the agreed quality, and Vin Mist Lid. refused to deliver substitute goods. Instead, Vin Mist Ltd. submitted a counterclaim requesting payment for the delivered goods. Each party appointed an arbitrator - Ms Francesca Shallan was appointed by Elend Ltd., whereas Mr Zane West was appointed by Vin Mist Ltd. Ms Shallan and Mr West appointed the Presiding Arbitrator Mr Paavo Hay. In March 2022, the arbitral tribunal rendered a "partial award" in favour of Vin Mist Ltd. requesting Elend Ltd. to "deposit the full amount as requested by Vin Mist Ltd." The tribunal informed the parties via email that the amount was to be deposited to a separate account and was subject to further deliberations on the merits and a potential change in the "final award." In the "partial award", the tribunal referred to the CISG as the applicable law in addition to the Croatian Law on Obligations, even though the whole of both parties' argumentation was made with reference only to the Croatian Law on Obligations. Vin Mist Ltd. submitted the award for recognition and enforcement before a Scottish court under the New York Convention. Elend Ltd. challenged the enforcement claiming that:Vin Mist Ltd. submitted the award for recognition and enforcement before a Scottish court under the New York Convention. Elend Ltd. challenged the enforcement claiming that: A) The "partial award" is not an award under the New York Convention, and even if it was B) The arbitral tribunal was not constituted in accordance with the agreement of the parties, and 1 of 2 LS5083 International Commercial Arbitration School of Law, University of Aberdeen 2022/23 C) The arbitral tribunal "took them by surprise" when they applied the CISG, which was excluded from the application by the parties.Your task BRIEFLY IN ONE PARAGRAPH: Identify the following: 1. applicable arbitral/procedural law, 2. applicable arbitration rules, 3. applicable law to the merits, 4. applicable law to the arbitration agreement. discuss the following questions by referencing these sources, BUT ALSO commentaries, and arbitral cases of persuasive authority to support your opinion: 1. Was the arbitral tribunal properly constituted, and should they continue with their mandate to render the final awa rd? identify the applicable rules and provide the theoretical background to the issue in question to justify your answer. 2. Is the "partial award\" an award under the New York Convention? Provide relevant primary and secondary sources to support your answer. 3. Is the arbitral tribunal allowed to rely on the CISG? identify the applicable rules and laws, and provide the theoretical background to the issue in question to justify your