England is often seen as an arbitration-friendly jurisdiction. London is a popular choice as the arbitration seat and English courts rarely refuse recognition and enforcement. The most recent statistics show how reluctant English courts are to interfere in the arbitral process, with challenges under ss. 67, 68, and 69 of the Arbitration Act 1996 particularly…
Author: Jason Rose
Arbitration update: Cour de Cassation allows enforcement of Kabab-ji award
The French Cour de Cassation, France’s supreme court of appeal, has just handed down its decision in Kabab-ji v Kout Food Group, concerning enforcement of a 2017 Paris arbitral award. In its judgment of 28 September 2022, the French Court found in favour of Kabab-ji. In dismissing Kout’s appeal on the annulment, the Court effectively…
Refusal to arbitrate: “£33 quadrillion” High Court claim dismissed following suspended arbitration
The English High Court recently dismissed a suit for “£33.3 quadrillion” in Sangamneheri v The Chartered Institute of Arbitrators & Ors [2022] EWHC 886 (Comm) (12 April 2022), at the same time handing down a two year extended civil restraint order (ECRO) [1] against the claimant, Mr Sangamneheri, for persistently vexatious litigation. Patricia Robertson QC, sitting…
Agreeing to arbitrate: UK Supreme Court delivers judgment in Kabab-ji v Kout Food Group
The UK Supreme Court yesterday handed down its highly anticipated decision in Kabab-ji S.A.L. (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, concerning enforcement of a Paris arbitral award in England and Wales. The decision provides further clarification on the English approach for determining the governing law of an arbitration agreement, and follows the…
The Digital Dispute Resolution Rules: A universal dispute resolution process for the digital age?
Executive summary Following recent developments in the law relating to digital assets across the globe, the UK Jurisdiction Taskforce released its Digital Dispute Resolution Rules on 22 April 2021. The publication of the Rules follows the launch of the Taskforce’s Legal Statement on cryptoassets and smart contracts. The UKJT Rules build on the conclusion of…
International arbitration update: Kabab-ji S.A.L. (Lebanon) v Kout Food Group (Kuwait)
Culminating in the Supreme Court this week is the hearing of Kabab-ji S.A.L. (Lebanon) v Kout Food Group (Kuwait). This final appeal, which concerns the recognition and enforcement by the English courts of an arbitral award handed down by an ICC tribunal seated in Paris, is listed for Wednesday, 30 June to Thursday, 1 July….
Cryptocurrency fraud: interim judgement entered against persons unknown in High Court
Recovering stolen cryptocurrency presents challenges. In cases of cryptocurrency fraud it is often difficult to identify those responsible, and exchanges and wallet providers can be uncooperative in releasing potentially identifying information, even to their own clients. Helpfully, following an urgent ex parte application, the English High Court in Ion Science Ltd v Persons Unknown (unreported, 21 December 2020) recently…