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…