France, Freshfields Bruckhaus Deringer LLP updates

Arbitration & ADR

Contributed by Freshfields Bruckhaus Deringer LLP
Does Article 1466 of the Code of Civil Procedure include 'estoppel'?
  • France
  • 14 May 2020

The First Civil Chamber of the Court of Cassation recently overruled a Paris Court of Appeal decision and determined that there was no basis for the argument that Antrix Corporation Ltd had not made certain procedural objections during arbitration and therefore could not raise them in enforcement proceedings. The decision raises interesting questions about the nature of the 'waiver' contemplated in the Code of Civil Procedure.

Arbitrators' duty to disclose: developments from new International Chamber of Paris Court of Appeal
  • France
  • 09 April 2020

The International Chamber of the Paris Court of Appeal recently rendered five decisions on setting-aside proceedings against five awards issued in the same arbitration. It was alleged that the tribunal had been improperly constituted as a party-appointed arbitrator had failed to disclose information that affected his independence and impartiality. Although this decision confirms the existing jurisprudence, the question of the exact scope of arbitrators' duty to disclose remains.

Paris Court of Appeal confirms expansive scope of Article 1466 of Code of Civil Procedure
  • France
  • 08 August 2019

The Paris Court of Appeal recently clarified the scope of application of Article 1466 of the Code of Civil Procedure and for the first time confirmed that Article 1466 can also limit a party's ability to seek annulment based on a variety of arguments, whether relating to procedural irregularities or otherwise, that could have been raised in the arbitration.

French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable
  • France
  • 16 May 2019

The Court of Cassation recently confirmed the quasi-absolute priority given to arbitral tribunals to determine questions relating to their jurisdiction, even when this involves rules of French public order. Although this is well established in French case law, it is the first time that the court has upheld an arbitration clause that conferred on a tribunal the statutory power to value shares in lieu of a party-appointed or judicially appointed expert.

Paris Court of Appeal may revisit definition of 'investment' under Energy Charter Treaty
  • France
  • 31 January 2019

The US District Court for the District of Columbia recently lifted a stay of proceedings to confirm an award issued by an ad hoc tribunal in Paris under the Energy Charter Treaty. The district court noted that the French Court of Cassation had overturned a decision of the Paris Court of Appeal setting aside the award. This article revisits the relevant facts and issues that gave rise to the setting aside of the award in France, and the subsequent reversal at the highest instance.


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