Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned this catamaran through a British Virgin Islands company called Song Saigon Ltd. Mr. X acquired the catamaran for EUR 1.22 million through two agreements successively signed with Song Saigon Ltd in the form of a memorandum of agreement (MoA) and a share sale and purchase agreement (SSPA), under which Mr. Y transferred all of his shares in…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international…
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 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 State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris…
A. LEGISLATION AND RULES A.1 Legislation France has enacted law No. 2021-750 dated 11 June 2021 by which…
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…
FRANCE Eric Borysewicz and Karim Boulmelh A. LEGISLATION AND RULES A.1 Legislation Since the 2011 reform of the…
Paris Court of Appeal, 25 February 2020, No 19/1507575; 19/15816; 19/15817; 1915818; 15/819 The International commercial chamber of…
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,…