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The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the COVID-19 pandemic and its consequences.[1] Factual Background Boralex is the French subsidiary of a Canadian company specializing in the construction and the operation of solar and wind farms. InnoVent is a company incorporated under French law specializing in the construction of wind turbines. On 28 June 2012, Boralex and InnoVent concluded…

In a recent decision[1] issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris First Instance Tribunal (Tribunal judiciaire),[2] which found that it lacked jurisdiction to hear a liability claim filed against the arbitrator, by one of the parties to the arbitration proceeding. The decision rendered in the case at hand is a new episode in the Saad Buzwair Automotive Co (SBA) versus Audi Volkswagen…

Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian company, entered into a sale agreement with a Romanian company Uzuc S.A. (“Uzuc” or “Claimant”) to deliver stainless steel tubes. As part of its manufacturing process, Uzuc then incorporated these tubes in the heat exchangers that it manufactured for GE Oil & Gas, who, in turn, installed the exchangers in a fertilizer plant for the final client,…

Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again took up the issue of enforcement of an annulled award. This time, noting different facts, the Second Circuit affirmed a District Court’s decision to not enforce an annulled award that had been annulled after the original judgment of confirmation. The circumstances of this case are unique: The award was originally enforced in two secondary jurisdictions (the U.S.…