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 […]

UK Arbitration Bill

The UK government introduced an Arbitration Bill (the “Bill”) in the House of Lords on 21 November 2023. The Bill aims to modernise arbitration law for the first time in 27 years by amending the English Arbitration Act 1996. The Bill implements all the recommendations made last year by the Law Commission of England and […]

The Conseil d’État upholds the refusal to enforce the Ryanair vs. Syndicat mixte des aéroports de Charente awards due to the prohibition on French public legal entities to enter into arbitration agreements, unless specifically authorised by law or treaty.

In its ruling dated 17 October 2023, the Conseil d’État dismissed the appeal lodged by Ryanair and Airport Marketing Services (the “Appellants”) against the decision of the Bordeaux Administrative Court of Appeal of 29 March 20221. The Appellants were seeking the annulment of the Poitiers Administrative Court’s ruling of 15 December 2020, which had rejected […]

France is no longer a party to the Energy Charter Treaty

On 8 December 2023, France ceased to be a party to the Energy Charter Treaty (“ECT”), an international investment agreement specific to the energy sector. As a reminder, France notified its withdrawal from the ECT on 7 December 2022.  This withdrawal was motivated by two criticisms: On the one hand, the ECT hinders the transition […]

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 amends its legislation on arbitration

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 […]

Recent rulings from the Cour de cassation on time limits

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 […]