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Flore Poloni (Signature Litigation Paris), Nicolas Brooke (Signature Litigation LLP)
Arbitral Tribunals Beware: Better Keep an Eye on Potential Corruption Involving Consent Awards
January 29, 2021

The dispute involving the State of Libya and French company SORELEC was heard by the Paris Court of Appeal in the context of a much lower tolerance for bribery and corruption in domestic and…

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Armand Terrien (Terrien Avocat)
Arbitration of Consumer Disputes in France: Get Thee Behind Me Competence-Competence?
November 12, 2020

On 30 September 2020, the French Supreme Court rendered a decision, that, on its face, appears to overturn its fabled 1997 Jaguar (95-11.427, 95-11.428 and 95-11.429) and 2004 Rado (02-12.259)…

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Victoria Leclerc, Baptiste Rigaudeau (LALIVE)
A Third-Party, One Arbitration Agreement, Two Approaches: The French Courts’ Views on the Law Applicable to the Arbitration Agreement in Kabab-Ji v. Kout Food Group
September 08, 2020

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…

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Sazan Isufi (PwC Legal)
The Drawbacks of Two Arbitral Awards: How Can We Avoid Another ‘Putrabali’ Controversy?
July 13, 2020

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…

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Antonio Musella (CastaldiPartners)
Recognition of Annulled Awards in France: Where Does the Limit Lie?
May 23, 2020

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…

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Armand Terrien (Terrien Avocat)
Decisions of the Paris Court of Appeal and French Supreme Court in 2019
April 17, 2020

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-…

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Antonio Musella (CastaldiPartners)
Arbitration, Open Data, Justice and Artificial Intelligence: a New Step Forward
April 16, 2020

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…

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Antoine Cottin (Africa Global Logistics)
Stay of Enforcement in France: How Restrictive is the Paris Court of Appeal?
November 26, 2019

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…

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Youssef Nassar (New York University )
Are Unilateral Option Clauses Valid?
October 13, 2018

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…

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Shaparak Saleh (Three Crowns), Yann Dehaudt-Delville (Freshfields, Bruckhaus Deringer LLP)
Protection of States' Diplomatic Assets in France
February 21, 2018

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…

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