Ascertaining the proper law of an arbitration agreement: The artificiality of inferring intention when there is none

• Main Authors: CHAN, Darius, TEO, Jim Yang
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2020
• Subjects: governing law; proper law; arbitration agreement; choice of law; conflict of laws; Sulamérica; Kabab-Ji; Enka; BNA; separability; validation principle; Article V(1)(a); New York Convention.; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3200; https://ink.library.smu.edu.sg/context/sol_research/article/5158/viewcontent/JOIA_37_0504.pdf
• Institution: Singapore Management University

The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: start...