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Guillaume Barbe (Arpège Famille), Maximin de Fontmichel (Université Paris-Saclay)
Arbitrating Family Disputes in France
December 13, 2023

Even though the use of arbitration in commercial disputes is widely established in Europe, most European countries seems unwilling to use arbitration in family matters although it provides for the…

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Myriam Feinberg, Yuval Sheer, Jasmine Goldofsky, Nathan Rothstein (Gornitzky & Co)
Tel-Aviv Arbitration Week: ESG Arbitration, Tech and Construction, and Arbitrating in France
July 16, 2023

Tel Aviv Arbitration Week 2023 had something for everyone! The jam-packed week included many different professional, social and networking events. This article highlights three important panel…

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Josephine Hage Chahine (Jeantet), David Lutran (Lutran & Avocats Mediation)
The Breach of a Mediation Clause Can Go Unpunished Under French Law: What to do?
July 03, 2023

The French Supreme Court (“Cour de cassation”) has ruled (1st February 2023, No. 21-25.024) that the breach of a mediation clause is not a matter of jurisdiction and as such cannot lead to the…

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Mangesh Krishna
Whose Side Are You On? Modification of the Dutco Principle by the French Supreme Court
February 09, 2023

Recently, in the landmark Vidatel case (previously discussed here), the French Court of Cassation (“Court of Cassation”) rejected an appeal for setting aside an arbitral award on the ground, among…

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Antoine Cottin (Africa Global Logistics), William Brillat Capello (Pinsent Masons)
2022 Year in Review: Arbitration-Related Developments in France
February 07, 2023

This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed…

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Peter Sester (Peter Sester Advogados)
A Second Look on Kabab-Ji v. Kout Food or Promoting a Formalist Transnational Contract Law Theory
December 14, 2022

The landmark decision of the UK Supreme Court (the “Court”) handed down in 2021 in the case Kabab-Ji SAL v. Kout Food Group  has already attracted considerable attention. Thus far comments focused on…

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Leila Kazimi
The Walking Dead: Double Life of the Kabab-Ji Award
November 16, 2022

The epic finale of the Kabab-Ji saga has arrived.  On 28 September 2022, the French Court of Cassation has delivered its long-awaited decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) (…

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Christoph Martens (Humboldt-Universität zu Berlin)
French Supreme Court Confirms Sorelec: Towards a Substantive Review on the Merits
October 21, 2022

In a decision dated 7 September 2022, the French Supreme Court confirmed the Sorelec decision issued by the Paris Court of Appeal in 2020. For the first time, France’s highest civil court has…

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Peter Rosher, Erwan Robert, Adam Calloway (Reed Smith)
French Supreme Court, Arbitration Agreements and Jurisdictional Challenges: Parties Cannot Have Their Cake and Eat It
April 20, 2022

On 9 February 2022, the French Supreme Court (‘Cour de cassation’) held that a respondent party in arbitration cannot sabotage proceedings by refusing to pay its share of the advance on costs, then…

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Tara Braulotte (Betto Perben Pradel Filhol)
Paris Court of Appeal Confirms Reluctance to Invalidate Lockdown Awards
March 10, 2022

As discussed on the Blog, the international chamber of the Paris Court of Appeal issued on 30 November 2021 a ruling in Boralex Energie France v. Innovent, on a set-aside request based on alleged…

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