Kabab-Ji SAL v Kout Food Group

Subject Matter

CONFLICT OF LAWS — Arbitration — Choice of law — Express or implied — Enforcement of award — Law applicable to arbitration agreement — Effect of entire agreement clause — Effect of oral modification clause — Whether judge should have made final determination — Arbitration Act 1996 (c 23), ss 7, 103(2)(b)

[2020] EWCA Civ 6; [2020] 1 Lloyd's Rep 269, CA

ARBITRATION — Award — Enforcement — Franchise agreement between claimant and franchisee governed by English law containing arbitration clause — Terms of agreement only alterable by written agreement between parties — Claimant referring dispute to ICC arbitration in Paris pursuant to arbitration agreement — Arbitration proceedings brought only against franchisee’s parent company — Arbitral tribunal granting award in claimant’s favour — Parent company denying being party to arbitration agreement and resisting enforcement of award — Correct law for determining whether parent company party to arbitration agreement — Whether general choice of law to govern contract indicating law to which parties subjected arbitration agreement — Whether real prospect of court holding parent company party to agreement — Whether summary judgment procedure suitable for determining issue — Arbitration Act 1996 (c 23), s 103 — Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), art V

[2021] UKSC 48; [2021] Bus LR 1717; [2022] 2 All ER 911; [2022] 1 All ER (Comm) 773; [2022] 1 Lloyd's Rep 24, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Comment: Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 Case comment