Which Law Governs The Arbitration Agreement

In Enka Insaat Ve Sanayi AS (respondent) v. OOO Insurance Company Chubb (appellant) [2020] UKSC 38, a fire broke out at an industrial plant in Russia. The factory owner`s insurers filed a lawsuit against the subcontractors in Russian courts, claiming responsibility for the fire. The subcontractors argued that their subcontract contained a London-based arbitration clause and therefore sought an injunction against lawsuits in England to limit the Russian proceedings. The second most common option is the application of arbitration law. However, it can be argued that the implicit choice of this proposal may not work properly.

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