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 […]

The Sultan of Sulu Case (continued)

On 9 January 2024, the Paris Court of Appeal handed down a new decision in the Sultan of Sulu case, which we commented on previously here. As a reminder, this saga has its origins in a nearly 150-year old agreement , concluded in 1878 between the Sultan of Sulu and two European explorers, which provided […]

The Cour de cassation rules unfair evidence admissible in civil proceedings

In two rulings dated December 22, 2023, the Cour de cassation abandoned the principle that evidence obtained unfairly is inadmissible in civil proceedings. In both cases, an employee contested his dismissal for misconduct and the evidence presented by his employer to justify it: a transcript, made without the employee’s knowledge, of a meeting during which […]

Change in case law concerning the taking over of pre-incorporation contracts

In three rulings dated November 29, 2023, the Cour de cassation expressly abandoned the principle that a pre-incorporation contract, to be binding upon the company once registered, had to mention that it had been concluded “on behalf of” the company being formed. From now on, the judge will make a “sovereign assessment, based on an […]