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.

Continue reading

INSIDE ARBITRATION: ISSUE #8 OF THE PUBLICATION FROM HERBERT SMITH FREEHILLS’ GLOBAL ARBITRATION PRACTICE

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice. We once again take a regional focus, turning to our practitioners in Europe for their latest insights.

The full digital edition can be downloaded in PDF via the link below.

DOWNLOAD NOW

In addition to sharing knowledge and insight about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe.

Continue reading