Of principle, practicality, and precedents: The presumption of the Arbitration Agreement’s governing law

• Main Author: YOONG, Aaron
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/4356
• Institution: Singapore Management University

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...