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In Europe

Baker McKenzie International Arbitration Yearbook 2021-2022 – France

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A. LEGISLATION AND RULES A.1       Legislation France has enacted law No. 2021-750 dated 11 June 2021 by which it ratifies the Agreement for the Termination of BITs concluded by 23 member states of the European Union (“Agreement”). This Agreement has been adopted notably following the ruling of the European Court of Justice (ECJ) in the Achmea case[1] which found that the arbitration agreements contained in intra-European BITs did not comply with the provisions of European…

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In Europe

The International commercial chamber of the Paris Court of Appeal confirmed that a failure to disclose by arbitrators did not lead necessarily to setting aside of the award

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Paris Court of Appeal, 25 February 2020, No 19/1507575; 19/15816; 19/15817; 1915818; 15/819 The International commercial chamber of the Paris Court of Appeal, created in February 2018, has recently issued a decision on the everlasting topic of arbitrators’ independence and impartiality. The dispute arose between three Brazilian companies, members of a consortium operating on an offshore oil development project in Brazil: Dommo Energia S.A. (“Dommo” or “Claimant”), Barra Energia do Brasil Petróleo e Gás Ltda.…

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In Arbitration Procedure

France: Terms of reference – a key document to which the parties to an arbitration procedure must pay particular attention

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In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution in the terms of reference amounts to a renunciation to invoke the tribunal’s lack of independence and impartiality.[1] In this case, the chair of the tribunal did not disclose any element in his declaration likely to raise reasonable doubt as to his independence and impartiality. However, one of the parties to…

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