- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…lause 13(a) of the 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.…”
- Cited — Deutsche Bank AG v Ruschemalliance LLC 2023-10-11
“…far as the English 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, app…”
- Cited — National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor 2023-07-13
“…It is common ground that the arbitration agreement is itself governed by Iranian law (cf. Enka Insaat ve Sanayi AS v OOO “Insurance Company Chubb” [2020] UKSC 38, [2020] 1 W.L.R. 4117).…”
- Cited — Joy Irene Dooley & Ors v Castle Trust & Management Services Limited 2022-11-30
“…ment for each pensioner 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
“…ation agreement 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 …”
- Cited — Amir Soleymani v Nifty Gateway LLC 2022-10-06
“…hat an agreement as to the seat of an arbitration is an exclusive jurisdiction clause in favour of the courts of the seat (Enka Insaat v OOO Insurance Co Chubb [2020] UKSC 38). This principle, together with the approach under section 9 and the English application of Kompetenz-Kompetenz, means that the existence of English law issues…”
- Cited — Republic of Mozambique v Credit Suisse International & Ors 2021-03-11
“… All ER 951 (“Fiona 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 tri…”
- Cited — AdActive Media Inc v Ingrouille 2021-03-05
“…cally in relation 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]:…”
- Cited — DB Symmetry Ltd v Swindon Borough Council & Anor 2020-10-16
“…being valid as opposed to void. It is known as the validity or validation principle: see, most recently, Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38. This approach is triggered where the court is faced with a choice between two realistic interpretations: Tillman v Egon Zehnder Ltd [2019] UKSC 32, [2020] AC …”