Enka Insaat Ve Sanayi as v OOO Insurance Company Chubb
| Jurisdiction | England & Wales |
| Court | Supreme Court |
| Neutral Citation | [2020] UKSC 38 |
| Year | 2020 |
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78 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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Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
...of the submission to arbitration. 3. 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......
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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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15 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
...agreement (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 ......
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Which Law Governs An Arbitration Agreement Under English Law? What Do You Need To Know?
...on which law governs the arbitration agreement was determined in the Supreme Court decision of Enka Insaat vs Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38. However, the law looks like it will be reformed following the Law Commission's Review of the Arbitration Act 1996. This artic......
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30 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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Chapter 11: Contractual rights and obligations: The Hague Rules
...Natural Resources Ltd v Mediterranean Shipping Co SA [2016] EWCA Civ. 34. Note the Israeli decision in Fayha Maritime Ltd v the Miloubar Central Feedmill Ltd [2020] 1 Lloyd’s Rep. 449, applying the principle that only a relevant suit between the correct parties prevents time running; suit b......
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Chapter 15: Conflict of laws and procedural matters
...applicable law of an arbitration agreement that is a part of a “main contract’. They have not been consistent. In Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubbb” 114 the Supreme Court considered many of the authorities. All the Justices agreed with Popplewell LJ’s statement that “......
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Chapter 1: The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill of lading
...Developments in Model Law Jurisdictions: Japan Seen from Australia’ (2013) International Arbitration Law Review 8. 213 Sections 30, 31Enka Insaat, 31 a case where the construction contract of a power plant did not include a governing choice of law clause, but there was a provision for arbit......
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