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UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

English Court of Appeal Clarifies Test for Governing Law of Arbitration Agreements

In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more

Potential Commercial Litigation Consequences of 'Brexit'

With the referendum for Britain potentially leaving the European Union (“Brexit”) fast approaching on 23 June 2016, a “leave” vote could have far-reaching consequences for commercial litigation in the courts of England and...more

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