Abstract:
Both in Switzerland and in England arbitration law is largely statutory, but with some material differences, different interpretation and different gap-filling. In Switzerland, in the absence of a clear choice of the law applicable to the arbitration agreement, the law at the seat of the arbitration is applied, while in England one then seeks by contract interpretation to find and follow the implied will of the parties. “In general” this is the law at the seat. Well, when is it not so? This leads to an uncertainty of the law that the author hopes will soon be overcome.