Franchise agreements do not require the consent of franchisees prior to a change of control of the franchisor, unless otherwise provided in the agreement
In a judgement issued on 15 May 2024, the Court of Cassation clarified the scope of the concept of intuitu personae in franchise agreements. In line with previous case law based on the autonomy of the legal entity, the Court of Cassation confirmed that the transfer of all the shares of the franchisor to a […]
First decisions by the Chamber of the Paris Court of Appeal specialised in emerging litigation (Chamber 5-12)
On 18 June 2024, Chamber 5-12 of the Paris Court of Appeal, which was set up at the beginning of the year (see our newsletter of January 2024), issued three important decisions on the admissibility of the first actions brought by associations and local authorities in relation to duty of care against TotalEnergies, EDF and […]
The Court of Cassation upholds the annulment of an arbitral award based on the close personal ties between an arbitrator and a party’s counsel, revealed in the eulogy addressed by the former to the latter
Reference: French Supreme Court, 19 June 2024, no. 23-10.972, (confirmation of Paris Court of Appeal, Pole 5, Ch. 16, 10 January 2023, no. 20/18330) On 19 June 2024, the Court of Cassation issued a judgement on the independence and impartiality of arbitrators in an ICC arbitration relating to a contract between Douala International Terminal (“DIT”) […]
French Court of Cassation rules that, in insolvency proceedings, an exequatur order that merely recognises a claim is not contrary to international public policy
Reference: Cass. civ. 15 May 2024, no. 23-11.012 This case concerns an arbitration initiated in 2013 by Hydro Construction (“Hydro”) against Vergnet. On 6 May 2014, the parties agreed to suspend the arbitration proceedings and submit their dispute to an adjudicator, who issued a non-binding decision in favour of Hydro and ordered Vergnet to pay […]
The High Court of Justice recalls that the confidentiality of arbitral proceedings is not guaranteed in the event of judicial review
Citation : Mordchai Ganz v Petronz FZE & Abraham Goren, [2024] EWHC 1011 (Com) On 25 March 2024, the High Court of Justice of England and Wales (the “High Court”) dismissed an application by one of the defendants to prevent the publication of a judgment relating to the challenge to an arbitral award. The award, […]
Teynier Pic is delighted to welcome Sandrine Saïd to its team
Admitted to the Cairo Bar and shortly admitted to the Paris Bar, Sandrine has joined Teynier Pic as an associate. Her practice focuses on commercial litigation and international arbitration. Before joining Teynier Pic, she was trained in commercial litigation, having interned at leading international and French law firms in Paris. Sandrine holds a Bachelor of […]
The Swiss Federal Supreme Court confirms arbitral tribunal’s jurisdiction to hear an intra-European dispute based on the ECT
Swiss Federal Supreme Court, 3 April 2024, 4A_244/2023 In a decision of 3 April 2002, the Swiss Federal Supreme Court (“the Supreme Court“) held that an arbitral tribunal had jurisdiction to hear an intra-European dispute on the basis of Article 26 of the Energy Charter Treaty (“ECT“). The dispute concerned a French company’s investment in […]
Paris Court of Appeal allows a party to participate remotely in a hearing on an application to set aside an arbitral award
Paris Court of Appeal, 4 April 2024, RG n° 22/19221 In a decision dated 4 April 2024, the Paris Court of Appeal allowed a party to participate remotely in a hearing relating to an action to set aside an arbitral award as she was unable to attend in person. The case concerned a Russian national […]
The jurisdiction of English courts to grant anti-suit injunctions based on an arbitration agreement providing for a seat in France
UniCredit Bank GmbH (Respondent) v RusChemAlliance LLC (Appellant), UKSC 2024/0015 Do English courts have jurisdiction to issue anti-suit injunctions in support of arbitrations seated outside the United Kingdom? On 23 April 2024, the Supreme Court of the United Kingdom (“the Supreme Court”) ruled on this issue in a case between a Russian company (RusChemAliance or […]
The acquiring limited liability company may be held criminally liable for acts committed by the acquired limited liability company
The Criminal Division of the Court of Cassation traditionally held that the acquiring company could not be held criminally liable for acts committed by the acquired company prior to the merger (Court of Cassation, Criminal Division, October 25, 2016, No. 16-80.366). However, under the influence of European law, this case law was overturned in 2020 […]