Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law
The issue of determining the appropriate law governing an arbitration agreement is one that has long vexed the courts in many jurisdictions. Most recently, both the English and Singapore Court of Appeals have waded into the fray, contributing contrary opinions in their respective decisions of Enka I...
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sg-smu-ink.sol_research-63142024-01-04T04:18:03Z Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law YOONG, Aaron The issue of determining the appropriate law governing an arbitration agreement is one that has long vexed the courts in many jurisdictions. Most recently, both the English and Singapore Court of Appeals have waded into the fray, contributing contrary opinions in their respective decisions of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” and BNA v BNB. This article examines these decisions and argues that there should be a presumption that the governing law of the arbitration agreement follows the matrix contract within which it is situated. 2021-09-01T07:00:00Z text https://ink.library.smu.edu.sg/sol_research/4356 info:doi/10.1093/arbint/aiaa043 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Dispute Resolution and Arbitration |
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Dispute Resolution and Arbitration |
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Dispute Resolution and Arbitration YOONG, Aaron Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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The issue of determining the appropriate law governing an arbitration agreement is one that has long vexed the courts in many jurisdictions. Most recently, both the English and Singapore Court of Appeals have waded into the fray, contributing contrary opinions in their respective decisions of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” and BNA v BNB. This article examines these decisions and argues that there should be a presumption that the governing law of the arbitration agreement follows the matrix contract within which it is situated. |
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text |
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YOONG, Aaron |
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YOONG, Aaron |
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YOONG, Aaron |
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Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law |
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of principle, practicality, and precedents: the presumption of the arbitration agreement’s governing law |
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Institutional Knowledge at Singapore Management University |
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2021 |
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https://ink.library.smu.edu.sg/sol_research/4356 |
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