The Proper Law of Arbitration Agreements: Drawing a Divide Between Dépeçage and Severability

The article examines the decision rendered by the Supreme Court of the United Kingdom in the case Enka v Chubb, whereby the Court was confronted for the first time with the thorny question of the determination of the proper law of arbitration agreements. Albeit the Supreme Court has conducted a comprehensive and careful analysis of the problem from the perspective of the English common law, this article suggests that some issues are still open to debate and a general and inflexible application of the rules elaborated by the Supreme Court for this specific case might not always be the best solution.