ENKA v Chubb: Supreme Court grants permission to appeal and a stay of execution

David Bailey QC
Marcus Mander
Clara Benn

Chubb has been granted permission to appeal to the Supreme Court in what is set to become the leading case on the governing law of arbitration agreements and the role of the courts of the seat in granting anti-suit relief. The Supreme Court has also ordered a 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. The judgments of the High Court and the Court of Appeal can be found here and here

There has been no guidance on the proper law of arbitration agreements from the UK’s highest court for many years now. The case has already garnered significant attention, and the Supreme Court’s decision will be awaited with great interest by the arbitration community.

Chubb is represented by David Bailey Q.C., Toby Landau Q.C., Marcus Mander and Clara Benn, instructed by Kennedys Law LLP.

Date added: June 8th, 2020


Area of Expertise

Commercial litigation
Injunctions
Insurance & reinsurance
Jurisdiction / conflict of laws