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Arbitration & ADR

22 October 2020
Marie Berard Supreme Court clarifies principles for determining law of arbitration agreement

United Kingdom - Clifford Chance

The Supreme Court has clarified definitively the principles for ascertaining the law governing an arbitration agreement. In contrast to the Court of Appeal's earlier decision in the same case, the Supreme Court held that where the law governing an arbitration agreement is not expressly specified, a choice of main contract law (whether express or implied) will generally also apply to an arbitration agreement which forms part of that contract.

Authors: Marie Berard, Eraldo d'Atri, Benjamin Barrat
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