Transcription of SWISS LAW VS ENGLISH LAW ON CONTRACT …
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SWISS LAW VS ENGLISH LAW ON CONTRACT …
SWISS LAW VS ENGLISH LAW ON CONTRACT INTERPRETATION: IS SWISS LAW BETTER SUITED TO THE REALITIES OF INTERNATIONAL CONSTRUCTION CONTRACTS? SAM MOSS* 1. INTRODUCTION ENGLISH and SWISS law are, respectively, the fi rst and second most frequently chosen governing laws in international contracts, at least according to the International Chamber of Commerce s statistics on contracts giving rise to arbitration under the ICC Rules of Arbitration 1 . The difference between the approaches of these two systems to the interpretation of contracts, and in particular between the principles underlying those approaches, are, at fi rst glance, marked. The ENGLISH law approach, and more generally that of common law systems, is often characterised as an objective approach which is focused on the terms of the CONTRACT and shuns extrinsic evidence.
Pt 4] Swiss law vs English law on contract interpretation 471 In doing so, this paper does not aim to provide a comprehensive overview of the different approaches to interpretation in civilian jurisdictions, the
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