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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

13/07/2022

Alleged non-parties to an arbitration agreement

Section 103 of the Arbitration Act 1996 transposes article V of the New York Convention 1958 into English law. It allows an English court to refuse to recognise or enforce a foreign arbitral award on the ground that the relevant arbitration agreement was invalid “under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made”.

The Supreme Court’s decision in Kabab-ji v Kout Food Group [2021] UKSC 48; [2022] 2 All E.R. 911 clarifies the law on several issues potentially arising in that context, including how the principles restated in Enka Insaat Ve Sanayi AS v OOO Insurance Co Chubb [2020] UKSC 38; [2020] 1 W.L.R. 4117 for ascertaining what law was selected to govern an arbitration agreement are equally applicable to the inquiry under section 103.

In a recent publication, Matthew Chan (Twenty Essex) and Myron Phua (Herbert Smith Freehills) discuss the reasoning in Kabab-ji v Kout Food Group, its implications, and the questions it leaves unanswered.

The article ‘Alleged non-parties to an arbitration agreement’ was first published in the July edition of the Law Quarterly Review (2022) 138 L.Q.R. 276 and is available on Westlaw.

Read the full article

Read the judgment

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Matthew Chan
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