The Paris Court of Appeal recalls the high standard applied to actions to set aside arbitral awards based on an alleged breach of an arbitrator’s duty of disclosure.
Paris Court of Appeal, 19 September 2023 – no. 21/16159 A recent ruling by the Paris Court of Appeal on the independence and impartiality of arbitrators highlights the strict and high standard applied by French courts to applications to set aside an arbitral award based on an arbitrator’s failure to disclose his relationship with a […]
The United Arab Emirates recently enacted Federal Law No. 15 of 2023 (the “Amendment Law”), introducing changes to its arbitration legislation relating to virtual proceedings, restrictions on the appointment of arbitrators, and the autonomy and discretion of the arbitral tribunal. The main changes can be summarised as follows: Conduct of proceedings and virtual proceedings: Article […]
High Court of Justice sets aside two arbitration awards against Nigeria totalling US$11 billion for fraud and breach of public policy
The High Court of Justice of England and Wales (the “High Court”) has upheld a challenge by Nigeria against two arbitration awards on the grounds that they were obtained by fraud and contrary to public policy pursuant to section 68(2)(g) of the Arbitration Act 1996. The awards arose out of a dispute relating to a […]
Teynier Pic represents over a thousand Nicaraguan farm workers before the Paris Court of Appeal in exequatur of Nicaraguan judgments awarding them nearly a billion dollars
Our team is representing more than a thousand Nicaraguan banana farmers before the Paris Court of Appeal, seeking compensation for the serious harm they have suffered as a result of their exposure to a carcinogenic pesticide. The specialist magazine Décideurs juridiques has published an article on this milestone case.
In October, the Cour de cassation explored the subject of time limits, whether for performance, limitation or forclusion: The ten-year period during which enforcement of a Court decision may be pursued runs from the day on which the decision becomes enforceable within the meaning of article L. 111-3, 1° of the French Code of Civil Enforcement […]
In October, the Cour de cassation handed down several important rulings on contractual practice: Termination: no requirement of formal notice if notice is in vain In a ruling handed down on October 18, 2023, the Commercial Chamber of the Cour de cassation reiterated that unilateral termination of a contract may be requested without prior formal […]
We are expanding our teams with the arrival of two future members of the Paris Bar: Patricia Khoury and Juliette Migeon. Patricia Khoury was already a member of the Cairo Bar (Egypt) before passing the Paris Bar admission exams. She is fluent in French, English and Arabic, and will strengthen our Middle East and Gulf […]
A company specialising in prepaid bank cards distribution brought an action against a competitor before the Commercial Court on the basis of Article 145 of the Code of Civil Procedure (which provides that a party may request pretrial investigative measures) to request document discovery. The defendant brought a counterclaim based on unfair competition resulting from […]
The fulfilment or failure of a condition precedent (CP) must be assessed on the date of termination of the contract, and any fulfilment of the CP after this date is irrelevant. In the present case, an architect agreement, which failed to comply with the provisions of the Consumer Code protecting real property investors, must be […]