Enka Insaat Ve Sanayi as v OOO Insurance Company Chubb
| Jurisdiction | England & Wales |
| Neutral Citation | [2020] UKSC 38 |
| Court | Supreme Court |
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33 cases
- Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)
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FamilyMart China Holding Company Ltd v Ting Chuan (Cayman Islands) Holding Corporation
...courts of many jurisdictions give to the autonomy of parties to choose how they wish their disputes to be resolved. In Enka Insaat ve Sanayi AS v OOO “Insurance Co Chubb” [2020] UKSC 38; [2020] 1 WLR 4117, (“ Enka Insaat”) Lord Hamblen and Lord Leggatt, giving the leading judgment of the ......
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Lifestyle Equities C.v v. Hornby Street (MCR) Ltd
...agreement means, or whether a particular dispute falls within its scope: see Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” [2020] 1 WLR 4117 (SC) at 87 It is also well established in private international law that where there is a dispute about whether an arbitration agreement ex......
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Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
...THE LEGAL FRAMEWORK The New York Convention 21 As we stated in our judgment in Enka Insaat ve Sanayi AS v 000 “Insurance Company Chubb” [2020] UKSC 38; [2020] 1 WLR 4117, para 126: “The New York Convention, to which the United Kingdom became a party in 1975 and which more than 160 states ha......
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17 firm's commentaries
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English Court Of Appeal Confirms The Width Of The Consumer Contract Jurisdictional Gateway In Financial Services Claims
...and Conditions." Carr LJ prayed in aid the "validation principle" referred to inEnka Insaat ve Sanaryi AS v OOO Insurance Company Chubb [2020] UKSC 38; [2020] 1 WLR 4117, [95], being the modern Anglicisation of verba ita sunt intelligenda ut res magis valeat quam pereat. The investors were ......
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International Arbitration
...the English courts will first determine the applicable law. In a recent decision, Enka Insaat ve Sanayi AS v OOO "Insurance Co Chubb" [2020] UKSC 38, the Supreme Court held that the law applicable to an arbitration agreement is determined by applying English common law rules for resolving c......
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Law Commission Review Of The Arbitration Act 1996 | Key Areas Of Review And Recommended Change
...(as distinct from the main contract) are set out in the Supreme Court decision of Enka Insaat vs Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38. An overview of this landmark decision can be found here: Arbitration agreements: Governing In summary, absent an express choice by the par......
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Reform Of The UK Arbitration Act
...Seat Following the judgment of the United Kingdom Supreme Court in Enka v Chubb (Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, see our alert here), the process for deciding the governing law of an arbitration agreement is complex. The Law Commission felt that the pr......
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2 books & journal articles
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Choice-of-law Agreements in International Contracts
...2 Lloyd's Rep. 317 (English Ct. App.).127. See Born, Arbitration § 4.04[A][3]; Enka Insaat ve Sanayi A.S. v. OOO "Insurance Co. Chubb" [2020] UKSC 38 (U.K. S.Ct.).128. As discussed below, there are arguably grounds for distinguishing in this regard between arbitration and choice-of-law prov......
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So Far Yet So Close: Comparing Governing Laws in Arbitration Agreements under English and Chinese Laws.
...close to the path."). (2.) See id. [paragraph][paragraph] 14.10-14.12, 14.33-14.43; Enka Insaat Ve Sanayi AS v. OOO Ins. Co. Chubb. [2020] UKSC 38, [1]-[3] [hereinafter Enka]. These systems of laws do not have to be national law. For example, English law accepts non-national law. such as le......