Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) 2020 EWCA Civ 6 - 20 January 2020
Country
Year
2020
Summary
This appeal, which is brought with the permission of Males LJ against the Order dated 8 April 2019 of Sir Michael Burton sitting as a Judge of the High Court in the Commercial Court, raises issues (i) as to the governing law of an arbitration agreement which provides for arbitration in Paris but which is contained in a main agreement which is expressly governed by English law and (ii) as to whether the respondent became a party to the main agreement and/or the arbitration agreement notwithstanding the presence of No Oral Modification provisions in the main contract. The respondent cross-appeals, again with the permission of Males LJ, against the judge's decision not to reach a final determination of the particular preliminary issue which is the subject of the appeal.
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