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Reading: Fine margins: Examining the minority-majority divide in Enka v Chubb

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Fine margins: Examining the minority-majority divide in Enka v Chubb

Author:

Sze Hian Ng

London School of Economics and Political Science, GB
About Sze Hian
LLB (LSE) '21
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Abstract

The question of how to determine the law of the arbitration agreement has long been a hotly debated topic in the field of international commercial arbitration. While this contentious issue was addressed by the UK Supreme Court in Enka v Chubb, the majority and minority judges disagreed on the appropriate approach to take when an express choice of law governing the main contract is absent. In this article, the author examines the diverging opinions and argues that the majority’s framework is preferable on both public policy and theoretical grounds.
How to Cite: Ng, S.H., 2022. Fine margins: Examining the minority-majority divide in Enka v Chubb. LSE Law Review, 7(3), pp.406–420.
Published on 16 Mar 2022.
Peer Reviewed

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