This article examines the introduction of a default choice-of-law rule in the English Arbitration Act 2025, which provides that, absent express agreement between the parties, the law of the seat governs the arbitration agreement. It focuses on the so-called ‘treaty exception’, which excludes arbitration agreements arising from treaties and foreign legislation from this default rule. The rationale for the exception is explored and its merits assessed. The article compares the English approach with those of certain other jurisdictions frequently chosen as seats in investment treaty arbitrations (Sweden, Singapore, France, and Switzerland), and argues that a comparative approach tends to lend support for the exception contained in the Act.
ASA Bulletin