European Parliament votes to withdraw from the Energy Charter Treaty
Following a wave of withdrawals by Member States including Italy, France, Germany and Poland, the European Union (“EU”) will now withdraw from the Energy Charter Treaty (“ECT”). Although the European Commission had initially called on EU member states to withdraw from the ECT in a coordinated manner, on 7 March the 27 Member States adopted […]
A belatedly raised ground for annulment is a plea of inadmissibility that must be made before the Court of Appeal hearing the action for annulment.
The objection seeking to dismiss an action for annulment on the ground that the violation of international public policy was not raised in due time is a “fin de non-recevoir” (plea of inadmissibility) which must be raised before the Court of Appeal hearing the action for annulment. In an opinion issued on 20 March 2024, […]
Brussels I Bis Regulation: the decision of a Member State court must be recognized in the European Union even if that court has declared itself to have jurisdiction in disregard of a contractual provision conferring jusridiction to the Courts of another Member State
The Court of Justice of the European Union (CJEU) was asked to give a preliminary ruling in a dispute concerning the recognition in Lithuania of the judgment of a Dutch court which had declared itself to have jurisdiction despite a contractual provision conferring jusridiction to the Courts of another Member State. The CJEU replied that […]
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 […]
The Cour de cassation refuses to grant an option of jurisdiction to the director of a commercial company
Among other things, commercial courts hear disputes relating to commercial companies. The only exception to this principle is where these disputes involve a non-merchant (non-commerçant) who (i) is not a party to the partnership agreement and (ii) does not belong to the company’s governing bodies. Such a person may, at his or her discretion, refer […]
Jurisdictional immunity for international organizations is subject to an effective remedy
In a ruling handed down on January 16, 2024, the Paris Court of Appeal rejected the European Space Agency’s defence based on jurisdictional immunity in proceedings before French courts. In this case, following the suicide of an Agency engineer, the Agency’s Appeals Board ordered the Agency to pay a certain amount to the victim’s parents, […]
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 High Court of Justice holds that immunity from jurisdiction cannot be invoked at the stage of registration of an ICSID award
On 19 January 2024, the High Court of Justice of England and Wales (the “High Court”) dismissed Zimbabwe’s application to set aside an order enforcing an arbitral award, holding that immunity from jurisdiction could not be claimed at that stage of the proceedings. The award in question, issued under the auspices of the International Centre […]