#SerleShare – How to Determine the Proper Law of an Arbitration Agreement

#SerleShare – Following the unanimous result of the SerleShare poll last week, our followers requested a SerleShare on commercial litigation.  In response to this request Andrew Moran QC and Anthony Kennedy have written a SerleShare on “How to Determine the Proper Law of an Arbitration Agreement” in light of the Supreme Court decision in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38.  This decision provides the answer to an often-debated question: “which system of national law governs the validity and scope of the arbitration agreement when the law applicable to the contract containing it differs from the law of the seat of the arbitration?”

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