31 January 2008
C v D [2007] EWCA Civ 1282, [2007] All ER (D) 61 (Dec)
An insurance policy contained a clause stating that it was to be governed by laws of New York, and an arbitration clause which provided that any dispute arising under the policy was to be determined in London, under the provisions of the English Arbitration Act 1996 (AA 1996). It was held that by choosing as the seat of the arbitration, the parties must be taken to have agreed that proceedings on the award should be only those permitted by English law; any challenges to an award are therefore confined to those permitted by AA 1996.
