Lord Mustill and the Channel Tunnel Case

Abstract

Over two decades ago, in the now legendary Channel Tunnel Case, the British House of Lords (as it then was) was asked to provide judicial support for the efficient completion of a monumental construction project. The decision in that matter, penned by the late Lord Mustill, illustrates the delicate interplay between the dynamics of otherwise applicable law and the bespoke arbitration framework chosen by sophisticated parties to govern their dispute.

Keywords: arbitration, construction law, choice of law, conflicts of law, Channel Tunnel, Mustill

JEL Classification: K19, K39, K49