Guy Pendell, chair of the International Chamber of Commerce UK’s Arbitration & ADR Committee and partner at CMS, calls for harmonisation in the laws governing arbitration agreements across jurisdictions
Pendell examines the contrasting approaches of courts in France, England and Wales, and Singapore, as highlighted in the Kabab-Ji case. French courts prioritise the law of the seat, while English courts apply the law of the underlying contract unless otherwise agreed.
Singapore adopts a nuanced three-step test. England’s upcoming Arbitration Act 2025 introduces section 6A, defaulting to the law of the seat unless expressly agreed otherwise. Pendell argues that a uniform approach would provide certainty for commercial parties, but in its absence, practitioners should make express choices to avoid disputes.
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