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 […]

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 […]

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 […]