Myrna Barakat
April 1, 2022
In two recent cases arising from a single arbitration, the courts of England and France reached opposite results on what law governs the parties’ agreement to arbitrate. These two divergent views led to two significantly different outcomes highlighting the pitfalls of international arbitration: The UK Supreme Court denied enforcement of the arbitration award while the French court upheld it. This article explores the circumstances that led to this awkward outcome and the key takeaways.