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ARBlog International Arbitration News, Trends and Cases

Tag Archives: France

Somewhere beyond the seen: Paris Court of Appeal sets aside an award on the basis of serious indications of money laundering after considering new evidence and reevaluating the record.

Abstract: On 21 February 2017, the Paris Court of Appeal set aside an UNCITRAL award on international public policy grounds due to serious indications of money laundering. Allegations of corruption and criminal activity have been used increasingly in recent years in French courts to argue for the setting aside of arbitral awards on the grounds of a breach of international public policy. This is the first time, however, that the Paris Court of Appeal has set aside an award on the basis of alleged money laundering. Further, this decision appears

French Supreme Court confirms binding nature of time limits applicable to challenges to arbitrators under the arbitration rules chosen by the parties

Abstract: The French Supreme Court recently rendered a highly anticipated decision in Tecnimont v. Avax, a case which had been the subject of proceedings before French Courts for more than six years. The Supreme Court held that a party who, with knowledge of the relevant facts, refrains in arbitration proceedings from exercising its right to challenge an arbitrator within the time limit set out in the applicable arbitration rules, must be deemed to have waived that right in relation to subsequent proceedings to set aside the award. On this ground,

Arbitrators in France: a quasi-immunity from liability?

In France, the standard for proving the civil liability of arbitrators has been a controversial issue because of the divergent interpretations adopted by the appellate courts. The French Supreme Court however recently laid this controversy to rest in confirming the high threshold that must be met, i.e. “a personal breach equivalent to wilful misrepresentation or constitutive of fraud, gross negligence, or a denial of justice“. (Civ.1, 15 January 2014). This case concerned a dispute arising out of a share transfer agreement. In its award of 23 June 2000, the Arbitral

French Cassation Court: Waiver of Immunity from Enforcement must Specify Categories of Assets Covered

Sovereign immunity from enforcement is a major concern for investors. This international law principle implies that a State’s asset cannot be seized without its consent to enforce a judicial or arbitral decision, including international investment arbitration awards. Dispute resolution clauses in many contracts concluded with States contain therefore an express waiver of immunity from, among other things, enforcement. But this might not be sufficient: in NML Capital Ltd v Argentina the French Cassation Court has tightened the previous test for such waivers to be effective. French case law has traditionally restricted