‘The law applicable to an arbitration agreement: analysis of Enka v OOO Insurance’

“In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement …” (part 1, part 2, and see overview)

[Hardwicke, 2 December]

First posted 2020-12-05 11:20:31

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