Article

Going Local for perfection: How do the English courts give defective arbitration agreements the maximum effect?

Details

Citation

Yu H (2023) Going Local for perfection: How do the English courts give defective arbitration agreements the maximum effect?. Journal of Business Law, 2023 (1), pp. 63-86.

Abstract
In the absence of parties' choice of law governing an arbitration agreement as an integral part of the main contract, the determination of the proper law of an arbitration agreement can vary from the law governing the main contract, the law of the proceedings, the law of the seat or another system of national law. This article uses English case law including Enka and Kabab-Ji to highlights that using the application of dépeçage and business efficacy under common law and the choice of the law of the seat chosen for its the closest and most real connection to the arbitration agreement, the English courts can achieve what transnational validation principle intends to do, but with a yardstick.

Keywords
Arbitration agreements; Choice of law; Interpretation; Presumptions; Seat of arbitration; Validation

Journal
Journal of Business Law: Volume 2023, Issue 1

StatusPublished
Publication date31/12/2023
Publication date online13/01/2023
Date accepted by journal11/01/2022
URLhttp://hdl.handle.net/1893/34067
ISSN0021-9460

People (1)

Professor Hong-Lin Yu

Professor Hong-Lin Yu

Professor, Law