Sports arbitration: towards stricter control of arbitral awards under EU public policy
In a decision dated 1 August 2025 in the RFC Seraing case, the Court of Justice of the European Union clarified the requirement for effective judicial review of arbitral awards under EU public policy. The Court ruled that when an award is handed down in a dispute relating to a sporting activity that constitutes an […]
Investment arbitration and state aid: European Commission seeks to prevent enforcement of Antin v. Spain award
On 25 June 2025, the European Commission published in the Official Journal of the European Union the non-confidential version of its decision on the 2018 arbitration award in favor of Antin versus Spain, based on the Energy Charter Treaty (ECT). It concluded that the award was state aid that was incompatible with the EU domestic […]
Intra-EU investment arbitration: two EU Member States confirm the scope of the Achmea ruling
National courts continue to draw all the consequences of the Achmea ruling (CJEU, March 6, 2018, C-284/16) and its derivative case law (Komstroy, PL Holdings, etc.), reaffirming the incompatibility of arbitration clauses included in intra-EU bilateral investment treaties (BITs) with EU law. In Germany, the Federal Court refused to recognize an arbitral award handed down […]
Enforcement of arbitral awards and enforcement immunities: the French Supreme Court provides further clarification on proof of diplomatic use of seized state property
In a decision dated 12 June 2025, handed down in connection with the Commisimpex saga, the French Supreme Court clarified the rules governing evidence applicable when the debtor State invokes the diplomatic use of a real estate property subject to enforcement measures. The ruling clarifies the tricky relationship between protecting diplomatic missions and ensuring the […]
Investment arbitration: the Paris Court of Appeal confirms the jurisdiction of the arbitral tribunal in the Oschadbank v. Russia saga
In a decision dated 1 July 2025, the Paris Court of Appeal, ruling on an appeal following a decision by the French Supreme Court, dismissed the Russian Federation’s appeal for annulment of an arbitral award in favor of the Ukrainian bank Oschadbank. This award, handed down under the auspices of the Permanent Court of Arbitration, […]
Independence and impartiality: the mere mention of a third party in the information sheet does not require the arbitrator to disclose his or her relationship with the third party
In a decision dated 7 May 2025, the French Supreme Court provided important clarification regarding the arbitrator’s duty of disclosure. The dispute involved the Ecuadorian company Seitur and the Dutch company CW Travel Holdings (CWT). In the ICC arbitration proceedings, the case information sheet mentioned a third party, Polimundo, among the “other entities involved”. Seitur […]
The Court of Appeal of England and Wales overturns the anti-suit injunction issued against a Russian company
In a ruling handed down on February 11, 2025, the Court of Appeal of England and Wales revoked the anti-suit injunction that German bank UniCredit Bank GmbH had obtained against Russian company RusChemAlliance LLC (RCA). This case, which is emblematic of the tensions between international arbitration and sanctions, highlights the challenges faced by economic actors […]
Investment arbitration: the French Supreme Court definitively upholds two awards against the Libyan State
In two rulings handed down on February 12, 2025, the French Supreme Court dismissed the appeals brought by the Libyan State against the arbitral awards rendered in favor of the Turkish companies Nurol and Cengiz, the latter having been represented by Teynier Pic in both the arbitration and the annulment proceedings. These companies initiated the […]
Reform of the English Arbitration Act
The English Arbitration Act 2025 marks a significant development in arbitration law in England and Wales. Long awaited, this reform aims to modernize a law perceived as insufficiently liberal and to improve London’s position among the world’s leading international arbitration centers. The amendments are primarily technical in nature: the law applicable to arbitration agreements (codification […]
Draft reform of arbitration law in France
The French legal framework for arbitration law is set to change. In March 2025, the working group formed in the fall of 2024 submitted its report to Minister of Justice Gérald Darmanin. One of the main proposals is the creation of a separate code of arbitration, distinct from the Code of Civil Procedure, with the […]