Webb1. The law governing the parties’ capacity to enter into the main agreement; 2. The law governing the parties’ capacity to enter into an arbitration agreement; 3. The substantive law of the contract or obligations in dispute; 4. The law governing the agreement to arbitrate including its scope, effect, construction and validity; 5.

The Proper law of the Arbitration Agreement - Lexology

Webb24 juni 2024 · It is well established that an arbitration agreement is separable from the rest of the contract and can therefore have a different governing law to the main contract. The governing law of the arbitration agreement determines its interpretation, scope and validity. It can have significant practical consequences for the parties, as this case … Webb20 maj 2024 · The applicable contract contained an arbitration agreement for ICC arbitration with its seat in London but did not specify the law governing the arbitration agreement. Furthermore, the parties’ contract did not expressly prescribe the governing … northline hcc bookstore

Sulamérica v. Enesa: The Hidden Pro-validation Approach Adopted …

WebbFollowing the English common law rules around the determination of governing law generally, the governing law of an arbitration agreement is to be determined by undertaking a three-stage enquiry into express choice; implied choice; and closest and most real connection. How do the English courts apply this test in practice? Webb2 dec. 2024 · The Supreme Court confirmed that the law applicable to an arbitration agreement is the law expressly or impliedly selected by the parties or – in the absence of such a choice – the law most closely … Webb15 mars 2024 · Proper law of the arbitration agreement Having found that the issue of ' arbitrability ' would necessarily have to be first decided by ascertaining the proper law of the arbitration agreement, the Court of Appeal turned to examine what was the law of the arbitration agreement in this dispute. northline flowers