English Court of Appeal: Governing Law Clauses of Underlying Agreement Do Not Necessarily Cover The Governing Law Of Arbitration Agreement, Exception To Sulamerica Principle

In Sulamerica v Enesa Engelharia [2012] EWCA Civ 638, the English Court of Appeal inter alia held that where the arbitration agreement forms part of the substantive contract an express choice of law to govern that substantive contract is “an important factor to be taken into account” and “likely…to lead to the conclusion that the…

English Commercial High Court: Whether the Court is empowered to grant a worldwide freezing order in enforcement of award proceedings under Section 101 of the English Arbitration Act.

  In the case of Eastern European Engineering Ltd. vs. Vijay Construction (Proprietary) Ltd. [2018] EWHC 1539 (Comm), the English Commercial High Court (QB) addressed the issue of whether the English Court can grant worldwide freezing order pursuant to Civil Procedure Rules (CPR) 25.1(1)(f) and/or Section 37 of the Senior Courts Act 1981 and/or the…