International arbitration – which system of law applies?

By Steven Carey2020-11-30T05:00:00

A recent Supreme Court ruling clarifies how to determine which country’s legal system should apply to an arbitration under an international construction contract

International construction contracts commonly provide for arbitration as the dispute resolution mechanism. Arbitration is perceived as potentially allowing for a tribunal with more industry expertise (and potentially more independence) than the local courts.

But which system of law governs the arbitration agreement, in particular, its validity and scope? The Supreme Court’s recent decision in Enka vs Chubb has brought some certainty in English law on this tricky question.

Already registered? Login here

To continue enjoying Building.co.uk, sign up for free guest access

Existing subscriber? LOGIN

Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.

Limited access to building.co.uk
Breaking industry news as it happens
Breaking, daily and weekly e-newsletters

Get your free guest access SIGN UP TODAY

Subscribe now for unlimited access

Subscribe to Building today and you will benefit from:

Unlimited access to all stories including expert analysis and comment from industry leaders
Our league tables, cost models and economics data
Our online archive of over 10,000 articles
Building magazine digital editions
Building magazine print editions
Printed/digital supplements

Subscribe now for unlimited access.

View our subscription options and join our community