- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…he ISDA Master Agreement was severable and remained valid, relying on [53(v)] of the judgment of Lords Hamblen and Leggatt JJSC in Enka v Chubb [2020] UKSC 38; [2020] 1 WLR 4117.…”
- Applied — Deutsche Bank AG v Ruschemalliance LLC 2023-10-11
“…sh court is concerned the arbitration agreement itself was subject to English law: see Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” [2020] UKSC 38, [2020] 1 WLR 4117 (“Enka”) at [170(iv)]) per Lord Hamblen and Lord Leggatt JJSC. See also Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 where it was held, applying the principle…”
- Cited — Joy Irene Dooley & Ors v Castle Trust & Management Services Limited 2022-11-30
“…nsioner to agree to the Terms and Conditions. The “validation principle” referred to in Enka Insaat ve Sanaryi AS v OOO Insurance Company Chubb [2020] UKSC 38; [2020] 1 WLR 4117 at [95] is on point.…”
- Cited — DHL Project & Chartering Limited v Gemini Ocean Shipping Co Limited 2022-11-24
“…may have a governing law which is different from the governing law of the main contract (Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, [2020] 1 WLR 4117); it may survive the termination of the main contract (Heyman v Darwins Ltd [1942] AC 356); it may be enforced by the grant of an anti-suit injunction (The Ang…”
- Cited — Republic of Mozambique v Credit Suisse International & Ors 2021-03-11
“…ona Trust”) (at [13] per Lord Hoffmann) (and recently endorsed by the Supreme Court in Enka Insaat ve sanayi AS v OOO “Insurance Company Chubb” [2020] UKSC 38; [2020] 1 WLR 4117 (at [107])), namely that the parties are likely to have intended any dispute arising out of their relationship to be decided by the same tribunal. An arbitrati…”
- Cited — AdActive Media Inc v Ingrouille 2021-03-05
“…n to arbitration clauses, was made by Lord Hamblen and Lord Leggatt in their judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, [2020] 1 WLR 4117 (Enka) at [106]:…”