William Day, ‘Applicable Law and Arbitration Agreements’

“In Enka Insaat ve Sanayi AS v OOO ‘Insurance Company Chubb’ [2020] UKSC 38 the Supreme Court considered what law applies to arbitration agreements. The claim concerned a fire at a power plant in Russia. Chubb, the insurer, paid out to the owner, subrogated to its rights, and brought a claim in the Moscow court against a subcontractor, Enka, claiming its allegedly defective work during the construction of the plant was responsible for the fire. The arbitration agreement was part of Enka’s subcontract. The subcontract was governed by Russian law. The arbitration agreement itself was silent on choice of law but provided for arbitration under the auspices of the International Chamber of Commerce, with its seat in London. Enka applied for an anti-suit injunction in London to force the dispute out of the Russian court and into arbitration. The governing law of the arbitration agreement was relevant because it would affect how widely the arbitration agreement would be construed, and whether Chubb’s claim would fall into its scope, triggering injunctive relief …” (more)

William Day, ‘Applicable Law And Arbitration Agreements’, Cambridge Law Journal, Volume 80, Issue 2, July 2021, pp 238-241. DOI: https://doi.org/10.1017/S0008197321000398. Published online by Cambridge University Press: 2 August 2021.

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