Summary

The Supreme Court unanimously dismisses the appeal on all issues. It holds: (i) that the arbitration agreement is governed by English law (the "choice of law issue"); (ii) that in English law there is no real prospect of a court finding that KFG became a party to the arbitration agreement (the "party issue"); and (iii) that, procedurally, the Court of Appeal was right to give summary judgment refusing recognition and enforcement of the award (the "procedural issue"). Lord Hamblen and Lord Leggatt give the sole joint judgment, with which the other Justices agree.