Dmitry Kaysin, Partner with RGD Dispute Resolution practice, studies the law governing an arbitration clause. The article “The law governing arbitration agreements: a comparative law analysis” authored by Dmitry and junior associate Aleksandra Aslanyan and paralegal Irina Kizko is published in International Justice journal.

Determining the law applicable to an arbitration clause is a controversial question in international commercial arbitration. The absence of uniform clear criteria for establishing the law governing an arbitration clause causes considerable difficulties. In the article, the authors offer various approaches to this question as well as critically evaluate the decision of the court on the case Enka v. Chubb which became the pretext to write this article.

By applying a comparative method, the authors examine three main approaches which have emerged in the international arena: the law of the place of arbitration, the law of the underlying contract, and the possibility of applying “cross-border” rules to the arbitration agreement. The authors also examine in detail the practice of English courts. Particular attention is paid to the validation rule, which is directed to the construction of an arbitration agreement in favor of its validity.

The article in Russian is available in International Justice № 1 (41), 2022.

International Justice is a peer-reviewed Russian-language scientific journal established by the Institute for Law and Public Policy’s experts group in 2011. The main goal of the journal is to provide a high-quality doctrinal analysis of the international judicial mechanisms, including their institutional framework and case-law.