On October 9, 2020, the UK Supreme Court (UKSC) released its decision in Enka Insaat Ve Sanayi A.S. (Respondent) v OOO Insurance Company Chubb (Appellant), [2020] UKSC 38 (the Decision) clarifying the law regarding arbitration agreements. While the Decision is from the UK, it will likely have an impact on the common law around the world.
Arbitration agreements can help limit legal fees by keeping disputes out of the courts. However, prior to the Decision, there was a lack of clarity as to what jurisdiction’s law governed the scope of these agreements. The Decision will no doubt result in new