This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated in France. After an UNCITRAL tribunal dismissed the claims for lack of jurisdiction, the Paris Court of Appeal set the award aside â only to be overruled by the French Court of Cassation. At the heart of the dispute: whether the appellate court impermissibly reviewed the merits of the case, and whether procedural conditions like prior recourse…
A. LEGISLATION AND RULES A.1 Legislation The French Parliament is considering reforming French arbitration law, the current version…
In French civil procedure, the Conseiller de la Mise en Ătat (CME) is a magistrate of the Court…
A. LEGISLATION AND RULES A.1 Legislation On 13 July 2023, the French National Assembly (AssemblĂ©e Nationale) voted in favor of Article 19-1 of the Ministry of Justice Orientation and Programming Bill 2023-2027, which confers confidentiality on legal consultations by in-house counsel in civil, commercial and administrative matters. While this “legal privilege” has long been called for by legal departments, the Conseil National des Barreaux (CNB)[1] had adopted a resolution reaffirming its opposition to the bill,…
On 24 October 2023, the Paris Court of Appeal delivered an influential decision for the international arbitration community[1].…
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international arbitration community in the Kabab-ji/Kout Food case. Factual Background In July 2001, Lebanese company Kabab-Ji and Kuwaiti company Al-Homaizi Foodstuff Co. WWL (âAl-Homaiziâ) entered into a ten-year franchise agreement to operate the âKabab-Jiâ restaurant brand in Kuwait. The franchise agreement, as well as the agreements concluded with each restaurant, provided for the application of English law and…
A. LEGISLATION AND RULES A.1 Legislation France decided to withdraw from the Energy Charter Treaty (ECT). This development…
The case at hand is, to our knowledge, the first and sole decision rendered by French courts in…
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris Court of Appeal was called upon to rule on the lack of jurisdiction of an arbitral tribunal due to the alleged corruption practices that tainted the contracts constituting the investment that was the subject of the dispute. Factual Background Between 2006 and 2009, the Turkish company Nurol Insaat Ve Ticaret Anonim Sirketi (“Nurol”) entered into several agreements…