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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – France

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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,…

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In Arbitration Agreements

Kout Food: The autonomy and independence of the arbitration clause in the absence of an express will of the parties

by and 4 Mins Read

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 (“Al-Homaizi”) entered into a ten-year franchise agreement to operate the “Kabab-Ji” restaurant brand in Kuwait. The franchise agreement, as well as the agreements concluded with each restaurant, provided for the application of English law and…

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In France

Paris Court of Appeal provided further insight on arbitral tribunal’s jurisdiction over investments allegedly tainted by corruption

by 11 Mins Read

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…

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In Europe

Baker McKenzie International Arbitration Yearbook 2020-2021 – France

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FRANCE Eric Borysewicz and Karim Boulmelh A. LEGISLATION AND RULES A.1 Legislation Since the 2011 reform of the French law on arbitration, article 1459 of the Code of Civil Procedure provides that a dedicated judge called juge d’appui has jurisdiction for assisting the arbitral process when needed, in particular in case of a difficulty in the constitution of the arbitral tribunal. A decree dated 20 December 2019[1] modified the procedural regime of actions brought before…

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