Léa Defranchi on Arbitration Agreements

Fourth (and Final?) Act in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more

10/4/2022 / Arbitration , Arbitration Agreements , Choice-of-Law , France , Franchise Agreements , International Arbitration , UK , UK Supreme Court

Another Award Set Aside—Excessive Jurisdiction

Parties to complex international arbitrations should take note. It is critically important to ensure that requests for relief in the written phases of the proceedings accurately capture all relief being sought. Late or...more

4/5/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Foreign Arbitral Awards , International Arbitration , Jurisdiction

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

11/12/2021 / Arbitration , Arbitration Agreements , Choice-of-Law , France , International Arbitration , International Chamber of Commerce (ICC) , UK , UK Supreme Court

A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency...

On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more

10/15/2021 / Arbitration , Arbitration Agreements , Arbitrators , Bonds , Financial Institutions , International Arbitration , Singapore , Unconscionable Contracts

The Importance of Pre-Arbitral Steps: The Latest English High Court Approach

The Fundamental Problem - International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more

2/23/2021 / Arbitration Agreements , Arbitrators , Emergency Arbitration Provisions , International Arbitration , International Chamber of Commerce (ICC) , Jurisdiction

Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more

12/1/2020 / Arbitration , Arbitration Agreements , Choice-of-Law , Construction Contracts , Contract Interpretation , Foreign Arbitral Awards , International Arbitration , Separability , UK , UK Supreme Court

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

10/21/2020 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Foreign Arbitration Clauses , International Arbitration , International Chamber of Commerce (ICC) , Judicial Authority , Public Policy , Statutory Interpretation

The Law of an Arbitration Agreement: Is it the Law of the Seat or the Law of the Underlying Contract? – Paris Contradicts London

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more

6/30/2020 / Appeals , Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Choice-of-Law , England , France , International Arbitration

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

1/30/2020 / Arbitration , Arbitration Agreements , Arbitrators , Choice-of-Law , Contract Terms , Franchise Agreements , International Arbitration , Jurisdiction , Oral Modification , UK

The English High Court Shuts Out “Inadequate Reasons” as a Basis to Set Aside an International Arbitration Award –...

Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the “Act”) require highly exceptional conditions. We say this because Section...more

8/21/2019 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , International Arbitration , UK

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Akin Gump Strauss Hauer & Feld LLP

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