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In Arbitration Agreements

Kout Food: The autonomy and independence of the arbitration clause in the absence of an express will of the parties

by and 4 Mins Read

On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international arbitration community in the Kabab-ji/Kout Food case. Factual Background In July 2001, Lebanese company Kabab-Ji and Kuwaiti company Al-Homaizi Foodstuff Co. WWL (“Al-Homaizi”) entered into a ten-year franchise agreement to operate the “Kabab-Ji” restaurant brand in Kuwait. The franchise agreement, as well as the agreements concluded with each restaurant, provided for the application of English law and…

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In Brazil

Myths Debunked: Preferences for Arbitration and Litigation

by 5 Mins Read

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

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In Arbitration Agreements

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

by and 8 Mins Read

All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal Agreement between the United Kingdom and the European Union, both parties have reached a last-minute agreement on the future of trade and cooperation between them: the EU-UK Trade and Cooperation Agreement. This Agreement provisionally enters into force on 1 January 2021 and sets the ground rules for the new partnership between…

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In Applicable Law

The Supreme Court in Enka v Chubb on the law applicable to the arbitration agreement – The buck stops here

by and 14 Mins Read

Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK Supreme Court dismissed Chubb’s appeal, affirming the Court of Appeal’s conclusion that the arbitration agreement (contained in an underlying agreement) was governed by English law (as the applicable curial law), not by Russian law (which Chubb argued was the law applicable to the underlying agreement). However, the Supreme Court reached this conclusion applying an entirely different…

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