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 […]
High Court of Justice sets aside two arbitration awards against Nigeria totalling US$11 billion for fraud and breach of public policy
The High Court of Justice of England and Wales (the “High Court”) has upheld a challenge by Nigeria against two arbitration awards on the grounds that they were obtained by fraud and contrary to public policy pursuant to section 68(2)(g) of the Arbitration Act 1996. The awards arose out of a dispute relating to a […]
Teynier Pic represents over a thousand Nicaraguan farm workers before the Paris Court of Appeal in exequatur of Nicaraguan judgments awarding them nearly a billion dollars
Our team is representing more than a thousand Nicaraguan banana farmers before the Paris Court of Appeal, seeking compensation for the serious harm they have suffered as a result of their exposure to a carcinogenic pesticide. The specialist magazine Décideurs juridiques has published an article on this milestone case.
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 […]
Latest news on contract law
In October, the Cour de cassation handed down several important rulings on contractual practice: Termination: no requirement of formal notice if notice is in vain In a ruling handed down on October 18, 2023, the Commercial Chamber of the Cour de cassation reiterated that unilateral termination of a contract may be requested without prior formal […]
Anti-money laundering and anti-financing of terrorism regulation in commercial and civil litigation
A company specialising in prepaid bank cards distribution brought an action against a competitor before the Commercial Court on the basis of Article 145 of the Code of Civil Procedure (which provides that a party may request pretrial investigative measures) to request document discovery. The defendant brought a counterclaim based on unfair competition resulting from […]
Latest news in civil law
The fulfilment or failure of a condition precedent (CP) must be assessed on the date of termination of the contract, and any fulfilment of the CP after this date is irrelevant. In the present case, an architect agreement, which failed to comply with the provisions of the Consumer Code protecting real property investors, must be […]
UK courts issue conflicting rulings on anti-suit injunctions concerning ICC arbitrations in Paris
In recent months, UK courts have issued several decisions, some of them contradictory, on applications for anti-suit injunctions (“ASIs”) – a common law relief ordering a party not to bring legal actions in a jurisdiction or forum other than the one provided for in the contract – in disputes involving ICC arbitration clauses with a […]
Environmental Obligations of States: Legal Support for the Planet
A two-week hearing before the International Tribunal for the Law of the Sea (the “Tribunal”) in Hamburg, Germany, concluded on 25 September 2023. The hearing aimed to clarify the obligations of States under the United Nations Convention on the Law of the Sea (“UNCLOS”) in relation to the protection and preservation of marine environments from […]
Latest news on the legal warranty against hidden defects
Several rulings handed down in July by the French Supreme Court (Cour de cassation) have elucidate several aspects of the legal warranty for hidden defects. In particular, the Court has clarified the issues of the irrebuttable presumption of knowledge of the latent defect by professional sellers, as well as the applicable statute of limitations. July […]