Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)
Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine
Proposed rule would be implemented by statute and would give primacy to parties’ choice of governing law and jurisdiction. There is at least a tentative consensus in English law that cryptocurrencies and other digital...more
The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 came into force on Jan. 8, creating the U.K.'s first digital securities sandbox within which firms would be able to test new...more
The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more
On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more
In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more
In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more
Brexit has well and truly arrived, and while the trade agreement that was reached on Christmas Eve 2020 is undoubtedly a very significant development in terms of the future relationship between the United Kingdom and European...more
In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more
INTRODUCTION - On 9 October 2020, the UK Supreme Court decision in Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 provided welcome clarity as to the English law principles and approach involved in...more
The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more
It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the one thing that is not keeping you awake is a concern over what law governs the arbitration...more
The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that will govern their contract,...more
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
The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more
On 9 October 2020, the U.K. Supreme Court in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38 ruled on the English law approach to determining the law governing an arbitration agreement. The Supreme...more
In its recent decision in Enka v Chubb [2020] UKSC 38, the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to determine the governing law of an arbitration agreement. The Court also took...more
The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the substantive law of their contractual relationship and the curial law of the seat...more
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes. In this two-part post, we...more
In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit injunctions restraining foreign proceedings brought in breach of an arbitration...more
Il presente documento di approfondimento è il primo di una serie in cui verranno analizzate le implicazioni e i potenziali cambiamenti sotto il profilo legale conseguenti all'uscita del Regno Unito dall'Unione Europea....more
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more
This note sets out at a high level the potential impact of the United Kingdom’s (“UK”) exit (“Brexit”) from the European Union (“EU”) without a negotiated agreement on UK and European Economic Area (“EEA”) (a) alternative...more
What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996 (the...more
Businesses and consumers need certainty over the laws that underpin trading across the borders of the EU and the millions of contracts they make each day which currently benefit from the legal certainty membership of the EU...more
Despite the uncertainty following the British referendum on 23 June 2016, when the United Kingdom voted to leave the European Union, one area is not expected to change and in all likelihood will flourish. London has long been...more