Almost a decade after the Dallah saga, the French and English courts are once again considering the enforcement of the same award yet reaching conflicting solutions.
On 29 March 2019, the High Court…
An award set-side underlines that it has been annulled in the jurisdiction in which it has been rendered. The grounds for setting aside an award are provided by the UNCITRAL Model Law and are quite…
The Paris Court of Appeal considers that the arbitral awards annulled at the place of the arbitration do not amount to a valid cause for refusal of enforcement in France. Recently, the Court…
Although some might have considered 2019 a bit “lackluster”, a number of noteworthy decisions by the Paris Court of Appeal and French Supreme Court have come to refine on the now well-…
The Report on Online Dispute Resolution platform for consumers issued by the European Commission on 2 October 2019 concludes that “the ODR framework is underused and has yet to reach its full…
Under French law, the principle is that both a request to set aside an award and an appeal of a decision upholding enforcement (ordonnance d’exequatur) have no suspensive effect (Article 1526(1) of…
A unilateral option clause (“UOC”) can take many forms. It may grant its beneficiary the exclusive right to choose between litigation and arbitration when a dispute arises, or to choose to litigate…
The views expressed herein are the personal views of the authors and do not reflect those of their law firm.
In France, until recently, rules governing the issue of sovereign immunity from…
In 2010, the Commercial Court of Paris created a specialised international and European court chamber in order to judge all international complex commercial cases in the first instance. Although…
In a judgment of 24 May 2017 (Biogaran v International Drug Development, case n° 15-25.457), the commercial chamber of the French Cour de Cassation (Supreme Court) considered the question of whether…
