Introduction

2.1 Parties rarely choose the law applicable to the arbitration clause.1 This frequently gives rise to complexities. The obvious solution – but one that, for some reason, is not yet prevalent – is for arbitration clauses to make an express choice of the law applicable to the clause itself. It is difficult not to endorse this solution. If the parties choose the law applicable to the arbitration clause, in all but rare cases, such a choice will be given effect by arbitrators and courts. The determination of the law applicable to the arbitration clause will not be problematic. And this is the end of the matter.