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Enka Insaat Ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38

Law applicable to agreement to arbitrate - relevant to agreement to mediate in a multi-tiered dispute resolution clause

Supreme Court decision considering the law applicable to an agreement to arbitrate.  Although not specifically related to mediation, it is arguable that where a mediation clause is contained in a multi-tier dispute resolution clause the Supreme Court decision and the principles it sets out as to understanding the governing law of the dispute resolution clause will be relevant.  See, in particular, paras 156 and 168 of the judgment.

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