In the previous post, I had discussed the three systems of law that govern an international arbitration and the English Court of Appeal’s landmark decision in Enka v. Chubb, which held that there is a “strong presumption” that parties have impliedly chosen the curial law as the AA law. In this post, I examine theContinue reading “Proper Law of Arbitration Agreement: The Indian Position”
Tag Archives: International Arbitration
Determining the Proper Law of Arbitration Agreement: English Court of Appeal Decides
There are three main systems of laws applicable to an international arbitration: (a) proper law of the contract, i.e. the law governing the substantive rights and obligations of parties under the main contract; (b) proper law of arbitration agreement, i.e. the law governing issues such as the validity, interpretation and existence of the arbitration agreement;Continue reading “Determining the Proper Law of Arbitration Agreement: English Court of Appeal Decides”
A Blog on Indian Private Law 