Partner Flore Poloni and Associate Thibaud Roujou de Boubée discuss two seemingly close decisions from the French and English Courts have recently revealed contrasting standards in the law applicable to an arbitration agreement in France and in the UK, in the Bulletin Rapide Droit des Affaires.
Flore and Thibaud’s article was published in Bulletin Rapide Droit des Affaires, 30 November 2020, and can be found here.
Two recent rulings handed down by the French and English courts in the case of Kabab-Ji S.A.L. v / Kout Food Group on June 23, 2020, have led to conflicting conclusions on the law applicable to the arbitration agreement. Additionally, on October 9, 2020, in the Enka v Chubb case, the UK Supreme Court set out the principles for determining the law applicable to an arbitration agreement in the absence of an express choice of law.
The article compares the two recent decisions in France (seat of the International Chamber of Commerce) and in England (seat of the International Court of Arbitration in London) which examined the approach adopted to determine the law applicable to an arbitration convention (namely Kabab-Ji SAL (Lebanon) v. Kout Food Group (Kuwait) [CA Paris, June 23, 2020, n ° 17/ 22943] and Enka v Chubb  UKSC 38) on 9 October 2020.