NEWSLETTER-2020-metin

251 ARBITRATION LAW The majority found that in the absence of such choice, the system of law most closely connected to the arbitration agreement was the law of the seat 9 . The court held that there was no express or implied choice of law governing the main contract of the arbitration agreement. As the law of the seat, English law was held to be the law most closely connected to the arbitration agreement and thus the court held that the arbitration agreement was governed by English law. However, although the minority agreed that where there is an express or implied choice of law governing the contract, this shall also govern the arbitration agreement, they opined that, absence of such choice, the system of law most connected to the arbitration agreement would be the law of the main contract. Conclusion This decision provides the clarification and certainty with regards to the English courts approach to ascertaining the governing law of an arbitration agreement. This decision should also serve as an important reminder to parties that particular attention should be given to arbitra- tion agreements during drafting. In order to avoid any doubt as to the governing law of the arbitration agreement, an express choice of law should be included. 9 Paras 118 and 119 of Enka v Chubb.