NLJ this week: Arbitration law faces global crossroads

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.