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Tag Archives: French Supreme Court

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