UKSC’s rationale for not considering the approach of French courts In a contract where the parties have not expressly provided the law applicable to the arbitration agreement, English courts apply the law governing the underlying contract and French courts apply the law of the seat. The Kabab-Ji saga provides a case study on the English-French law divide and has been discussed at length on this Blog ( here, here, here, and here). The closure of venues such as nightclubs is not believed to be included, as recently happened in the Republic of Ireland.The recent judgment of the United Kingdom Supreme Court (the UKSC) in Kabab-Ji v Kout Foods (the Kabab-Ji judgment) has reopened issues concerning the differing approaches of English and French courts to determining the law governing arbitration agreements. This could mean recommendations to work from home, an increase in situations where face-masks are mandatory, and the introduction of so-called Covid passports. In the UK, MPs will vote today on whether to switch to a so-called Plan B for dealing with coronavirus during winter. Covid passes are now legally required in Denmark for indoor gatherings of 100 people or more and outdoor events with 1,000 or more. Indoor events of more than 4,000 people are banned in Belgium from 11th December, and Romania has decided to reduce capacities to 50% with a maximum of 1,000 attendees. Meanwhile, Poland will shut clubs from 15th December, with all other venues running at 30% capacity. From Monday, only those in possession of a Covid Super Green Pass can take part in such public activities. A concept directly responding to the enormous financial difficulties the sector has faced as a result of coronavirus-related closures.Įlsewhere in Europe, Italy has also announced new restrictions, banning unvaccinated people from attending all music venues, cinemas, theatres, sports events, restaurants, and bars. The news is a huge blow to the sector, and comes less than one week after the announcement that venues including Macadam, La Machine Du Moulin Rouge, Rex Club, Le Petit Salon, and Le Sucre confirmed they were campaigning for cultural status. but they'll be dancing in all the restaurants.' 'Once again there's no clampdown for any other sector,' Thierry Fontaine, of the Union of the Trade and Hospitalities Industries, told France24. At the time of writing, clubs will remain shuttered until at least 7th January 2022. No date has been set for the new guidelines to be eased. He also recommended that employers should encourage working from home and social engagements, for example, office parties, should be kept to a minimum or avoided. 'We have all had a tendency to lower our guard,' said French Prime Minister Jean Castex, who only left quarantine last week after receiving a positive test for COVID-19. Those who have chosen not to be vaccinated, or are yet to receive jabs, are also not being targeted as is the case in a number of other European countries, including Germany, where clubs must close in areas recording more than 350 coronavirus cases per 100,000 people, with Berlin venues only open to vaccinated attendees and working under a ' no dancing' order'. Gigs of all kinds are now only open to the inoculated. A number of other restrictions are being introduced, with schoolchildren facing stricter social distancing rules and an extension of face-covering guidelines.Ĭrucially, though, tighter regulations have not been set for the population overall. The announcement was made in a press conference on Monday 6th December, as the country recorded 11,308 new coronavirus cases the same day. Clubs in France will shut for at least four weeks in a bid to curb rising Covid-19 infections and slow the spread of the new Omicron variant.

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