“…validity of the main contract. However, as Moore-Bick LJ noted in Sul América [Sulamérica Cia Nacional de Seguros SA v Enesa Engenharia SA [2012] EWCA Civ 638, [2013] 1 WLR 102], separability does not ‘insulate the arbitration agreement from the substantive contract for all purposes’ (at para 26). It is one thing to say that under the…”
“…em of law does the arbitration agreement have its closest and most real connection? See for example Sulamerica Cia Nacional de Seguros SA v Enesa Engelharia SA [2013] 1 WLR 102 per Moore-Bick LJ at [9] and [25], who observed that as a matter of principle these three stages ought to be embarked on separately and in that order, but that…”
“… express choice of law for the host contract. The judge also quoted [26] of the judgment of Moore-Bick LJ in Sulamerica v Enesa Engelharia [2012] EWCA Civ 638; [2013] 1 WLR 102, to the effect that where the arbitration agreement forms part of the substantive contract an express choice of law to govern that substantive contract is “an …”