Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)
| Jurisdiction | England & Wales |
| Neutral Citation | [2021] UKSC 48 |
| Court | Supreme Court |
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10 cases
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National Iranian Oil Company v Crescent Petroleum Company International Ltd
...has power under the CPR summarily to dismiss a jurisdictional challenge without a full rehearing. This was confirmed in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, [2022] 1 Lloyd's Rep 24, at [80]–[82]. As was stated at [82]: ‘The CPR allow for summary judgment to be......
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Lifestyle Equities C.v v. Hornby Street (MCR) Ltd
...v C&M Farming Ltd [2004] 1 Lloyds Rep 603 at [45], and the more recent decision of the Supreme Court in Kabab-Ji SAL v Kout Food Group [2021] Bus LR 1717 (“ Kabab-Ji”). That much was common ground between the parties in the instant 25 In the instant case, by Clause 9, the governing law of ......
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Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and Others
...rise to a potential defence that the agreement is not valid under article V(1)(a): see Kabab-JiSAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48; [2021] Bus LR 1717, paras 23–25. This is subject, however, to the question of whether the decision of the Brazilian court has created an is......
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Consilient Health Ltd v Gedeon Richter Plc
...and mechanical. 81 The claimant contended that the recent decision of the Supreme Court in Kebab-Ji SAL v Kout Food Group (“ Kout”) [2021] UKSC 48 showed that there was likely to be far more force in an application to adjourn enforcement proceedings pending a set aside application where th......
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4 firm's commentaries
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A Round Up Of Commercial Arbitration In 2022: Key Developments You Should Know
...the law which governs your arbitration agreement In the case of Kabab-Ji SAL (Lebanon) v Kout Group (Kuwait), the English Supreme Court [2021] UKSC 48) and the French Cour de Cassation (Case n' 20-20.260 of 28 September 2022) reached different conclusions on which law governed an arbitratio......
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Law Commission Proposes Seat Of Arbitration As The Default Law Of The Arbitration Agreement
...See https://www.supremecourt.uk/cases/docs/uksc-2020-0091-judgment.pdf. The Supreme Court endorsed Enka in Kabab-Ji SAL v Kout Food Group [2021] UKSC 48, discussed further in our prior Legal 5. Law Commission's Final Report, paragraph 138. 6. Ibid. 7. The Law Commission's view is that given......
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Fourth (and Final?) Act In The Kabab-Ji Saga'What Law Governs The Arbitration Agreement (Law Of The Seat Or Law Of The Underlying Contract)?
...arbitration. Footnotes 1 Cass., 1ère ci., 28 Septembre 2022, n' 20-20.260. 2 Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48. 3 The French Cour de cassation is the highest court in the French judiciary. However it is not a "third level" of jurisdiction above the lower court......
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Who Governs? UK Supreme Court Clarifies Applicable Law For Arbitration Agreements In Enforcement Context
...October 2021, the UK Supreme Court handed down its decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 ("Kabab-Ji"), confirming that - as a matter of English conflict of laws rules - the governing law chosen by contracting parties should generally be construed as ap......
1 books & journal articles
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So Far Yet So Close: Comparing Governing Laws in Arbitration Agreements under English and Chinese Laws.
...BORN, INTERNATIONAL COMMERCIAL ARBITRATION 547-66 (3d ed. 2021). (8.) See generally Enka, [2020] UKSC 38; Kabab-Ji SAL v. Kout Food Grp., [2021] UKSC 48 [hereinafter (9.) See Enka, [2020] UKSC 38, [129]; Kabab-Ji, [2021] UKSC 48, [33]-[35]. (10.) See Enka, [2020] UKSC 38, [170J. (11.) See Z......