24 Nov 2020

The Proper Law of an Arbitration Agreement Part Two: Muddle Resolved? - A deep dive into Enka v Chubb [2020] UKSC 38

The Supreme Court handed down its decision in Enka v Chubb on 9 October 2020. The Court laid down the approach to determining the proper law of an arbitration agreement for the first time - in three judgments spanning nearly 300 paragraphs. There is no doubt the Supreme Court decision goes a long way to clearing up the muddle in this area of the law.

In part two of their webinar on the proper law of the arbitration agreement, Steven Lim, Ben Olbourne, Niraj Modha and Philippe Kuhn will dissect the principles laid down by the Supreme Court and what the differences between the majority and minority decisions really boiled down to.

They will also discuss:

  • What is settled and what issues remain open?
  • How would key earlier cases be decided applying principles laid down by the Supreme Court?
  • Multi-tiered dispute resolution clauses and free-standing arbitration agreements: what impact does the decision have on these?
  • Practical and drafting considerations: should an arbitration clause now expressly specify the applicable law?

Date and Time

Tuesday 24th November @ 9am (UK Time) / 5pm (Singapore Time)




PLEASE NOTE: These webinars are hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.