Latham & Watkins review the English High Court’s decision in J (Lebanon) v. K (Kuwait)  EWHC 899 (Comm), where the Court adjourned the claimant’s application to enforce an arbitral award against a non-party to an arbitration agreement pending the outcome of set aside proceedings at the seat of the arbitration in Paris, and refused security for the award. The authors observe that the decision provides a useful analysis of which law (i.e. the law of the arbitration agreement or the law of the seat) governs the issue of whether a non-party has become a party to the arbitration agreement and, more broadly, how to determine which law governs the arbitration agreement where there is no express choice. …READ MORE
See also the review of this case by Clifford Chance.