How choice of forum and choice of law interact in cross-border transactions? Is there any connection between them that we should be aware of? How much weight is attributed to these choices and why? This article aims to provide real-world answers to these questions by presenting and analyzing the results of a Global Survey on the choice of law in international sales contracts (“the Survey”). The Survey reveals signals of interplay between arbitration and choice of law. It is suggested that, in some instances, once arbitration is chosen, the choice of law would play a rather ancillary role. The reasons for this assumption are further explored in this article.
ASA Bulletin