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Fine margins: Examining the minority-majority divide in Enka v Chubb

Document Cited authorities 16 Cited in Related
Vincent
AuthorSze Hian Ng
PositionLLB (LSE) '21
Pages406-420
406
LSE Law Review!
Vol. VII
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Fine margins: Examining the minority-majority divide in
Enka v Chubb
Sze Hian Ng*
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 in Enka v Chubb, the majority and minority judges
disagreed on the 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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