Litigation, Kalliopé updates

France

Contributed by Kalliopé
International Chamber of Paris Commercial Court and International Chamber of Paris Court of Appeal: one year later
  • France
  • 02 July 2019

In 2018 two protocols establishing the rules applicable to proceedings brought before the modernised International Chamber of the Paris Commercial Court and the new International Chamber of the Paris Court of Appeal (collectively the ICCP) were signed. Although the ICCP have rendered several decisions in 2019, there is still no sufficient hindsight to make a first assessment on the ICCP's functioning.

Supreme Court rules on jurisdiction over protective measures
  • France
  • 13 November 2018

Two recent Supreme Court decisions regarding cross-border litigation have clarified that the French courts will have jurisdiction over forensic examinations ordered as protective measures by a French judge, although foreign judges will likely have jurisdiction over the substance of the matter. In light of these judgments, the French courts are likely to order forensic measures if they are closer to the facts of the dispute even if the matter will be settled by a foreign court.

Seizure of foreign state-owned assets: waiver of immunity from jurisdiction must be both express and specific
  • France
  • 27 February 2018

In the framework of the world-famous case between the Republic of Congo and Commisimpex, the Supreme Court recently established a new rule to be followed in order to proceed to a seizure when an immunity from jurisdiction applies. The decision demonstrates the importance of applying the same rules of law in relation to immunity from jurisdiction or execution – to such an extent that the court justified the retroactive application of the Sapin II Law.

Supreme Court confirms its restrictive approach to estoppel principle
  • France
  • 28 November 2017

A recent Supreme Court decision confirms that the estoppel principle is recognised under French law as a general principle and is now a procedural tool in the hands of litigators. However, the decision also revives the debate about the principle's true effectiveness before the French courts.

'Fixed' matter or matter 'to be fixed': the subtleties of abatement of a suit
  • France
  • 15 August 2017

Under French law, proceedings may be terminated on several procedural grounds. One of them is the abatement of a suit, which results in the termination of the proceedings without considering the merits of the case. In two decisions issued on December 16 2016, the Supreme Court specified the subtle conditions applicable to the enforcement of such a drastic procedural penalty.


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