Professional Documents
Culture Documents
Mohit Saraf
Partner
14
United Kingdom
Submissions
‘Group of companies’ - fact specific application
Where ‘Law governing arbitration agreement’ is silent
the status of third parties may be determined by
reference to proper law of contract
Expansive interpretation of ‘common intent of parties’
to determine law governing arbitration agreement
Implications of the Peterson case
– Parties’ choice of governing law
– Parties’ choice of seat of arbitration
» May give rise to forum shopping
– Implications for ICC governed arbitrations
20
Submissions