Enka v Chubb: Expedited Appeal to UK Supreme Court

26 June, 2020

In an important case for English arbitration law, the UK Supreme Court will hear an expedited appeal at the end of July 2020 against the recent judgment of the Court of Appeal in Enka v Chubb [2020] EWCA Civ 574.

The Supreme Court will consider two fundamental issues: the correct approach as a matter of English law to determining the governing law of an arbitration agreement and the proper role of the courts of the seat of arbitration in determining whether foreign proceedings give rise to a breach of an agreement to arbitrate.

One key issue will be the extent to which, if at all, English law should now follow the approach of the Singapore Courts as set out in BCY v BCZ [2016] 2 Lloyd’s Rep 583; Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Ltd [2017] 1 Lloyd’s Rep. 59; BMO v BMP [2017] 2 Lloyds Rep 57; and BNA v BNB [2020] 1 Lloyd’s Rep 55.

Chubb was granted permission to appeal to the Supreme Court, which has ordered an interim appellate stay of the anti-suit injunction obtained by ENKA in the Court of Appeal. Chubb succeeded in defeating ENKA’s claim for anti-suit relief at first instance before Andrew Baker J, but the Judge’s order was overturned on appeal.

David Bailey QC, Toby Landau QC, Marcus Mander and Clara Benn are instructed by Kennedys Law LLP for Chubb.