UK Appellate Rulings Clarify Arbitral Choice Of Law

By Ben Holland, Megan Betts and Evanthia Kasiora (June 26, 2020, 6:01 PM EDT) -- What do reasonable commercial parties expect to happen when they sign a contract governed by the law of one country, which provides for disputes to be resolved by arbitration seated in another country?

What law would those reasonable commercial parties expect to govern their agreement to arbitrate: the law governing the operative clauses of the contract or the law of the seat of arbitration, which governs the arbitration itself?

For some 15 years, the English Court of Appeal has been engaged in a polite, philosophical tug of war over this question, namely: Which law might govern an arbitration agreement, if the...

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