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LSE Law Review
Article . 2022 . Peer-reviewed
License: CC BY
Data sources: Crossref
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Breaking with Convention: The Supreme Court’s Approach to Separability in Kabab-Ji v KFG

Authors: Ryan Henry Ho;

Breaking with Convention: The Supreme Court’s Approach to Separability in Kabab-Ji v KFG

Abstract

This case note explores the recent ground-breaking decision rendered in Kabab-Ji, which saw the Supreme Court break with the rest of the world with regards to its interpretation as to the separability of the arbitration agreement from the underlying contract (and the subsequent choice of law analysis that follows). It is argued ultimately that the English approach in Kabab-Ji is correct by tracing through the prior conceptions of the separability and demonstrating that the newer approach is more in line with what parties intend.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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