„… [a] the legislation specifically envisages and envisages for a situation where the arbitration agreement is governed by a foreign law, although English law regulates the arbitration procedure, it is not possible to draw the necessary conclusion that by choosing an English seat and therefore English law as curial law, the parties implicitly choose English law to govern their arbitration agreement. The disputes broke out and Kabab-Ji began arbitration under the FDA against Kout, but not the AHFC. The court ruled in favour of kabab-Ji. It found that the applicable right of the arbitration agreement was French law and that English law regulated whether the rights and obligations of the AHFC had been transferred to Kout under the FDA. Under English law, Kout is bound by the arbitration agreement, he said. In international arbitrations, it is not uncommon for laws to apply to more than one state. They must consider whether, after reviewing and reviewing the case law in this matter, the Court has concluded that it is „both compatible with authority and, in principle, reasonable to apply English law as the right to be of the court, in order to determine whether the parties have agreed on the law governing their contract (and, if not). , which governs it without agreement). Adds that: standard arbitration agreements few provisions relating to the applicable law of the arbitration agreement. But problems can arise if it is not dealt with in the agreement – it is a good practice. In his full-time judgment, with which the other judges agreed, Lord Justice Flaux considered how Articles 1 and 15 of the agreement met. The final (and practical) question before the court was whether Enko was entitled to take legal action to end a dispute in Russia that resulted in disputes between the parties which, according to Enka`s arguments, fell within the scope of the parties` arbitration agreement.

Not necessarily. As a general rule, the conciliation agreement is concluded in the form of a clause as part of a broader contract. The arbitration agreement is a stand-alone contract that can be separated from the material contract in which it is located. This reflects the parties` presumed intention to maintain their agreed dispute resolution procedure, even if the material contract is found to be ineffective.