Title: ADR in No-Judge Land
Author(s): Kirthana Shivakumar (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
This article analyses the English Supreme Court’s ruling in UniCredit Bank GmbH v. RusChemAlliance LLC [2024] UKSC 30, which revisits the law governing arbitration agreements in international commercial arbitration. The judgment clarifies the application of principles established in Enka v. Chubb and critiques the exception allowing the seat law to apply in the absence of an explicit law governing the arbitration agreement, when the seat law presumes its applicability. The article examines the complexities of this exception, including its reliance on parties’ presumed knowledge of the seat law’s legal position. It also explores the implications of codified versus case-law-based rules in seat law jurisdictions and evaluates the validity of the argument favouring neutral forum selection. By comparing UniCredit with global approaches, the article underscores the practical challenges of balancing legal predictability with party autonomy and reflects on the judgment’s impact on international arbitration jurisprudence.
Cite this as: Kirthana Shivakumar, “Law Governing the Arbitration Agreement in International Commercial Arbitration and its Implications: UniCredit Bank GmbH v. RusChemAlliance LLC. [2024] UKSC 30” 4 IRIArb (2024).
*The views expressed are of author(s) only.