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Clifford Chance

Clifford Chance


Supreme Court rules on law of arbitration agreement: implications of Enka v Chubb

23 October 2020

The UK Supreme Court has clarified definitively the principles for ascertaining the law governing an arbitration agreement (the AA law). The Supreme Court held that where the AA law is not expressly specified, a choice of the law governing the main contract, whether express or implied, will generally also apply to an arbitration agreement which forms part of that contract. In the absence of an express or implied choice of AA law, the default position is that the AA law will be the law of the seat of arbitration.

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