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Tag Archives: Paris Court of Appeal

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

Advocate General at the CJEU emphasizes the importance of competition law arguments in international arbitration (Opinion of AG Wathelet in Case C-567/14)

On 17 March 2016, Advocate General Wathelet at the Court of Justice of the European Union (CJEU)  delivered his Opinion in Case C-567/14 (Genentech) emphasizing the importance of competition law arguments in annulment proceedings of arbitral awards and calling the French standard of review of arbitral awards “contrary to the principle of effectiveness of EU law“. France is known for its limited scope of review of arbitral awards by national courts. Although Paris is one of the hubs of international arbitration in Europe, this was the first referral for preliminary

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

ICC Arbitration for free? France’s top court rules on the right to bring counterclaims in International Arbitration

The Cour de cassation’s (the French supreme court) recent ruling could be good news for cash-strapped litigants unable to fork out for the substantial advances on costs required under arbitration rules. Background Pirelli (Italy) brought arbitration proceedings against Licensing Projects (Spain) (LP) over a trade mark dispute in 2007.  Later that year, a Spanish court placed LP into a formal insolvency process, followed by compulsory liquidation in July 2009. LP tried to counterclaim but, being in liquidation, was unable to deposit the advance on costs required under Article 30 of