#SerleShare: UniCredit: a more refined approach to determining the law which governs an arbitration agreement?
In his article for #SerleShare, Anthony Kennedy considers the Supreme Court's latest guidance on how to determine the law which governs an arbitration agreement in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30.
Where two parties to a contract, governed by English law, have agreed that all disputes arising out of that contract shall be decided by way of arbitration in Paris, is an English court entitled to grant an anti-suit injunction to restrain one party from continuing (or indeed commencing) court proceedings? The Supreme Court, in UniCredit Bank GmbH v RusChemAlliance LLC,1 in agreement with the Court of Appeal,2 determined that the answer to the question was “yes”. The purpose of this note is to look at the Court’s reasoning and to consider what lessons commercial parties may learn from the judgment as a whole.
