In Kabab-Ji SAL (Lebanon) (Appellant) v Kout Food Group (Kuwait)  UKSC 48 the Supreme Court has once again commented on the issue of the validity of international arbitration agreements. This case follows hot on the heels of the earlier judgment in Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb”  UKSC 38, where the issue of validity and applicable law arose before the arbitration took place. In Kabab-Ji the matter arose at the award enforcement stage. The case is a cautionary tale for all those involved in arbitration to check who is a party to the agreement.
You can read the full post on our Commercial, Construction & International Arbitration Blog here.