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It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…

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 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…

Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) [click for opinion] In 2005, Compañía de Inversiones Mercantiles S.A. (“CIMSA”), Grupo Cementos de Chihuahua, S.A.B. de C.V. (“GCC S.A.B.”) and GCC Latinoamérica, S.A. de C.V. (“GCC Latinoamérica,” and collectively “GCC”) executed a shareholder’s agreement under which they each obtained a right of first refusal of shares in a mutually held Bolivian cement company. In…