The recent decision of the United Kingdom Supreme Court in Kabab-Ji SAL v Kout Food Group  UKSC 48 will be of interest to arbitration lawyers around the world. It concerned enforcement of an ICC Award, which was resisted on the basis that the defendant was not party to the arbitration agreement.
The issues were: (1) What law governed the arbitration agreement? (2) If English law governed, was there any real prospect of a court finding that the defendant was a party to the arbitration agreement? (3) What was the relevance of ongoing annulment proceedings in France, where the arbitration was seated?