What approach should be taken to the proper law of an arbitration agreement?

This article provides brief thoughts in the lee of the Supreme Court's hearings of the appeals in Enka and Kabab-Ji[1] on various potential approaches, or emphases of approach, to the issue of determining the proper law of an arbitration agreement.

1. The validation principle
2. Presumptive law of seat approach
3. A common law approach to interpretation and implied terms
4. A final plea: do not be hesitant to find an express choice
5. Concluding remarks