Flore Poloni comments on the Kabab-Ji ruling in Global Arbitration Review

By Flore Poloni

Flore’s comments were published in Global Arbitration Review on 29 September 2022, and can be found here

The French Court of Cassation has upheld an ICC award won by Lebanese company Kabab-Ji after confirming that French law applied to the arbitration agreement, cementing an “embarrassing” clash with the UK’s top court which has already denied enforcement after finding that English law applied.

For Flore Poloni at Signature Litigation in Paris, it is “difficult to refrain from smiling” when recalling the UK Supreme Court’s finding that it could not “resist the conclusion that a general choice of law clause in a written contract containing an arbitration clause will normally be a sufficient ‘indication’ of the law to which the parties subjected the arbitration agreement.” Now, she says the Court of Cassation “has decided to resist such a conclusion and handle the matter entirely otherwise.”

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