Determining arbitration law clauses governing your arbitration agreements: lessons learnt from Enka v Chubb SC judgment

Understanding the governing law of an arbitration agreement

Partner Paul Stothard and Associate Ben Mellett discuss the governing law of arbitration agreements. They discuss how disputes over the governing law of the arbitration agreement can arise in practice, before considering the latest guidance from the English Supreme Court in Enka v Chubb and what this is likely to mean for those drafting arbitration agreements going forwards.

In this update, you’ll find answers to the following questions:

• How does the arbitration clause interact with the main arbitration agreement?
• Why the governing law of an arbitration agreement matters?
• What does the outcome of Enka v Chubb judgment mean in practice?
• How does the approach under English law compare with the rest of the world?
• What is best practice for those drafting arbitration agreements going forwards?