Introduction On 9 October 2020, the UK Supreme Court decision in Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 provided welcome clarity as to the English law principles and approach involved in ascertaining the governing law of an arbitration agreement. It is well established that an arbitration agreement within a contract is regarded as a separate agreement and may be governed by a different law to the contract as a whole (the main contract). The Supreme Court has affirmed the three stage process set out by the Court of Appeal in Sulamérica Cia Nacional de Seguros SA v. Enesa Engenharia SA [2012] EWCA Civ 638 to determine the governing law of an arbitration agreement. However, the Supreme Court has departed from the Court of Appeal's strong presumption that parties to a contract have impliedly chosen the law of the seat of arbitration as the law applicable to the arbitration agreement.