The Court of Cassation upholds the refusal to compensate the loss of opportunity arising out of the annulment of an award due to the arbitrator’s negligence, and subsequent reduced court damages.
In a decision dated 14 February 2024, the Court of Cassation ruled on the liability of the arbitrator who had signed his award after the expiry of the arbitration, resulting in the annulment of the award. Subsequently, the Court of Appeal, ruled on the merits of the dispute and awarded a lower amount of compensation […]
The Paris Court of Appeal recalls that an arbitral award’s compliance with international public policy cannot be assessed on the basis of hypothetical future circumstances
In a decision dated 9 January 2024, the Paris Court of Appeal reiterated that an arbitral award’s compliance with international public policy cannot be assessed on the basis of hypothetical future circumstances. In this case, the dispute concerned the performance of a contract between the Ethiopian Roads Authority (“ERA”), an Ethiopian public entity, and the […]
A jurisdiction clause is a sufficient foreign element for the application of the Brussels I bis Regulation
The applicability of Regulation (EU) No. 1215/2012 of December 12, 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I bis Regulation) is conditional on the existence of a foreign element making the dispute cross-border. In light of this requirement, the Court of Justice of the European […]