Title: Enka v. Chubb: The UK Supreme Court’s Decision on the Law Governing the Arbitration Agreement
Author(s): Vyapak Desai & Arth Nagpal (View Profiles)
Journal: Indian Review of International Arbitration
The UK Supreme Court recently passed a welcoming judgement in Enka Insaat Ve Sanayi A.S. v. OOO Insurance Company Chubb providing clarity on the law relating to the determination of the governing law of an arbitration agreement. The Supreme Court notably ruled that in absence of any implied or explicit indication as to the governing law of the arbitration agreement, the governing law of the contract will apply to the arbitration agreement. This case comment discusses the wide ramifications and implications of this judgment, while also discussing the recent judgement of Kabab-Ji SAL v. Kout Food Group which further upheld the law laid down herein.
Keywords: Governing Law; Arbitration Agreement; International Arbitration; Close Connection Test; Validation Principle; New York Convention
Cite this as: Vyapak Desai & Mr. Arth Nagpal, Enka v. Chubb: The UK Supreme Court’s Decision on the Law Governing the Arbitration Agreement, 1 IRIArb 53, 53-60 (2021).
*The views expressed are of author(s) only.