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.

The Proper Law of Arbitration Agreements: Drawing a Divide Between Dépeçage and Severability / M. Grassi. - In: RIVISTA DELL'ARBITRATO. - ISSN 1122-0147. - 31:1(2021 Jul), pp. 3-24.

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

M. Grassi
2021-07

Abstract

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.
International Arbitration, Choice of Law, Private International Law, Arbitration Agreement, Dépeçage, Severability, Arbitral Tribunal
Settore IUS/13 - Diritto Internazionale
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/2434/860520
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