01Dec
Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements
The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law applicable to the contract containing it differs from the law of the seat of the arbitration? Will it be the law governing the contract; the law governing the procedure (the law of the seat); or another system of national law altogether? Noting that this issue “has long...
By:
Akin Gump Strauss Hauer & Feld LLP
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