The UK Supreme Court ruling secured by Shearman & Sterling in Enka v. Chubb has won the 2021 Global Arbitration Review (GAR) award for “Most Important Decision of the Year”.

The Supreme Court gave judgment in the case of Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, giving important guidance on the determination of the proper law of an arbitration agreement and clarifying the role of the English Court in granting anti-suit relief in relation to English seated arbitrations.

The Supreme Court’s judgment gave new significance to the distinction between a governing law for a contract arising from an implied choice, and one identified by reference to the test of closest and most real connection.

The Shearman & Sterling team representing ENKA and responsible for securing the Supreme Court ruling was led by partner Alex Bevan (Abu Dhabi-International Arbitration) with Nick Buckworth (London-Project Development & Finance), counsel Jesse Sherrett (Washington, D.C.-International Arbitration) and associate Chris Collins (London-Litigation).

The Team