On 20 March 2025, a working group consisting of arbitration practitioners, judges, arbitrators, and academics submitted a report to the French Minister of Justice. The report included proposals to…
The issue of the governing law of the arbitration agreement was brought into the spotlight with the U.K. Supreme Court decision in Enka v. Chubb (discussed on the Blog here and here), and it became a…
The recent judgment of the United Kingdom Supreme Court (the UKSC) in Kabab-Ji v Kout Foods (the Kabab-Ji judgment) has reopened issues concerning the differing approaches of English and French…
On 27 October 2021, the Supreme Court of the United Kingdom (the Court) issued a judgment in Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. The Court upheld the earlier decision of the Court of…
The doctrine of separability of arbitration agreements recognises that an arbitration clause contained in a broader agreement is separate and valid despite the invalidity of the rest of the agreement…
2020 saw important case law developments concerning the proper law of arbitration agreements, where the seat of the arbitration is in a different jurisdiction from the governing law of the main…
Much has been written about the UK Supreme Court’s decision in Enka v Chubb [2020] UKSC 38 (“Enka”) including on the blog. Those familiar with the judgment will know the Supreme Court decision was…
In its recent decision of 9 October 2020 in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] UKSC 38 (Enka), the UK Supreme Court upheld the decision of the England and Wales…
In the recent ruling of 29 April 2020, the England and Wales Court of Appeal, departing from Sulamérica, has held the seat of arbitration as an implied choice of the law of the arbitration agreement…
