Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb
[2020] UKSC 38
판결 이유
The law applicable to an arbitration agreement is determined by: (1) express choice; (2) implied choice; or (3) the system of law most closely connected. Where the main contract contains a choice of law clause, there is a rebuttable presumption that this governs the arbitration agreement too.
사실관계
A dispute arose under a construction contract with a Russian governing law clause and a London-seated arbitration clause. The parties disputed whether English or Russian law governed the arbitration agreement.
판결 요약
The Supreme Court held that the law of the arbitration agreement is to be determined by applying common law conflict of laws rules, with a strong presumption in favour of the law of the seat.
주요 인용문
"Where there is no express choice, the law of the seat will generally apply to the arbitration agreement."
— Lord Hamblen and Lord Leggatt
후속 처리
Definitive authority on the law governing arbitration agreements.