Fine margins: Examining the minority-majority divide in Enka v Chubb
| Author | Sze Hian Ng |
| Position | LLB (LSE) '21 |
| Pages | 406-420 |
406
LSE Law Review!
Vol. VII
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Fine margins: Examining the minority-majority divide in
Enka v Chubb
Sze HianNg*
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 inEnka v Chubb, the majority and minority judges
disagreed onthe 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.
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* LLB (LSE) ‘21.
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