Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law

Publication Type

Journal Article

Publication Date

9-2021

Abstract

The issue of determining the appropriate law governing an arbitration agreement is one that has long vexed the courts in many jurisdictions. Most recently, both the English and Singapore Court of Appeals have waded into the fray, contributing contrary opinions in their respective decisions of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” and BNA v BNB. This article examines these decisions and argues that there should be a presumption that the governing law of the arbitration agreement follows the matrix contract within which it is situated.

Discipline

Dispute Resolution and Arbitration

Publication

Arbitration International

Volume

37

Issue

3

First Page

653

Last Page

665

ISSN

0957-0411

Identifier

10.1093/arbint/aiaa043

Publisher

Oxford University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1093/arbint/aiaa043

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