Enka v Chubb: Expedited Appeal to Supreme Court

26 June, 2020

In an important case for English arbitration law, the 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 court of the seat of arbitration in determining whether foreign proceedings give rise to a breach of an agreement to arbitrate.

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.

Silks from Essex Court Chambers have joined both side’s legal teams for the appeal to the Supreme Court.

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

Robin Dicker QC, David Joseph QC and Niranjan Venkatesan are instructed by Susanna Charlwood of Shearman & Sterling for the Respondent (Enka).