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Arbitration Agreement laying on desk with gabble atop
Testing the Governing Law of Arbitration Agreements: Enka principles revisited in Kabab-Ji

Two significant judgments recently handed down by the English courts provide welcome clarity on issues relating to the governing law of arbitration agreements while simultaneously reinforcing London’s foothold as a leading arbitration hub. The Supreme Court’s eagerly-anticipated decisions in both Enka v Chubb [2020] UKSC 38 and Kabab-Ji (Lebanon) v Kout Food Group (Kuwait) [2021]

Old Bailey Statue of Justice on sky Backdrop
Lifting the Lid on Embargoed Judgments

In cases where the English civil courts choose to reserve judgment, typically parties and their legal representatives are given a confidential preview of the result shortly before formal hand down. This process enables the parties and their counsel to make suggestions that correct drafting errors and to begin preparing submissions on any consequential matters. Naturally,