FRENCH COURT OF APPEAL UPHOLDS AWARD THAT WAS DENIED ENFORCEMENT IN ENGLAND

In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [CA Paris, 23 June 2020, n°17/22943], the Paris Court of Appeal refused to set aside an arbitral award handed down by an ICC Tribunal seated in Paris, although the same award had been denied enforcement and recognition in England on the basis that the award was made against a non-party (our post on the English decision can be accessed here). The French court expressly rejected the argument that it was bound by the English decision.

This case is another illustration of the differences in approach between French and English courts with respect to (i) the identification of the law governing the arbitration clause and (ii) the extension of arbitration agreements to third parties.

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Staying enforcement of awards: the English Commercial Court offers practical guidance for both sides

In a recent decision Y and S [2015] EWHC 612, the English Commercial Court considered the circumstances in which the Court would (i) make an order suspending the enforcement of an award and (ii) make an order for the provision of security pending an application to set aside an award.

This judgment contains useful practical guidance on both the appropriate grounds on which to make such applications and the factors that the Court will bear in mind when exercising its discretion (see the comment section below).

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