- UK Supreme Court—the governing law of arbitration agreements (Enka Insaat Ve Sanayi AS v OOO Insurance Co Chubb)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Supreme Court clarified the approach to be taken in determining the proper law applicable to an arbitration agreement, departing from the guidance given by the Court of Appeal in the judgment under appeal. Applying common law choice of law rules, the Supreme Court held that, where the parties have chosen a system of law to govern the main contract, that choice will generally apply to the arbitration agreement which forms part of the contract; and where they have not, the applicable law will generally be the law of the seat of the arbitration. While departing from the approach taken by the Court of Appeal, the Supreme Court upheld the lower court’s decision that the relevant arbitration agreement was governed by English law (the law of the seat of arbitration) and that it was appropriate to grant anti-suit relief restraining the pursuit of foreign court proceedings. Written by Simon Salzedo QC and Jonathan Scott, barristers at Brick Court Chambers, London.
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