Enka Insaat Ve Sanayi as v OOO Insurance Company Chubb
| Jurisdiction | England & Wales |
| Neutral Citation | [2020] UKSC 38 |
| Year | 2020 |
| Court | Supreme Court |
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59 cases
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Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)
... ... was an appeal by the claimant Lebanese company (Kabab) from a decision granting summary refusing ... ( Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb ... ...
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Gabriele Volpi v Delanson Services Ltd
...consequences flowing from that, even if the underlying contract is vitiated. In Enka Insaat Ve SSanayi v. OOO Insurance Company Chubb [2020] UKSC 38 (citing with approval the words of Moore-Bick LJ in Sulamerica Cia National de Segurous SA v. Enesa Engenharia SA [2021] EWCA Civ 638), 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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Banca Intesa Sanpaolo SPA v Comune DI Venezia
...ISDA Master Agreement was severable and remained valid, relying on [53(v)] of the judgment of Lords Hamblen and Leggatt JJSC in Enka v Chubb [2020] UKSC 38; [2020] 1 WLR 140 In relation to the authorities on Dicey Rule 230(2)(a), she submitted that the statement by Lord Penrose in Baring Br......
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16 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......