Category Legal News

SUPREME COURT: PARTIES ARE JOINTLY RESPONSIBLE FOR THE PAYMENT OF ARBITRATOR FEES

On 1st February 2017, the first civil chamber of the French Supreme Court rendered a decision – published in the Bulletin –on a question of obvious practical importance, yet rarely addressed in judicial decisions: are parties jointly liable for the payment of arbitrator fees? Most arbitration rules provide that when one of the parties does […]

THE ICC EXPEDITED PROCEDURE ENTERS INTO FORCE THE 1ST OF MARCH 2017

On 1 March 2017, the new rules of the ICC International Court of Arbitration (the « ICC Rules ») will enter into force with a major innovation, the automatic application of an expedited arbitration procedure for all disputes under USD 2 million. This revision of the 2012 ICC Rules is part of a series of measures taken […]

REFORM OF THE ARBITRATION CLAUSE UNDER FRENCH LAW

On Friday, 18 November 2016, the French President enacted Law n° 2016-1547 of 18 November 2016 on modernization of 21st century justice, known as J21. Among the different innovations, we would mainly draw attention, regarding Arbitration law, to the revision of Article 2061 of the Civil Code. As a reminder, the current Article 2061 states […]

Report on the symposium “Imperativity of the law chosen by the parties before the international arbitrator”

  On 2 June 2016, the French Arbitration Committee (Comité français de l’arbitrage (CFA)) invited Professor Sylvain Bollée to lead a conference on the imperative of the law chosen by the parties before the international arbitrator: how to choose between the law chosen by the parties and the contractual clauses contrary to the law set […]

The Tecnimont Saga continues

On 12 April 2016, the Paris Court of Appeal rendered a 5th decision in the “Tecnimont” case, dismissing the application by the company J&P Avax (“Avax”) to set aside a partial award rendered on 10 December 2007 on the basis that the Arbitral Tribunal was not properly  constituted . As a reminder, this case involves […]

The Hague District Court has set aside the six awards issued in the Yukos v. the Russian Federation case

The Hague District Court (Commercial chamber) – Judgment of 20 April 2016 The legal fight opposing the former Yukos’ majority shareholders against the Russian Federation has taken a new turn since a judgment issued on 20 April 2016 by the Hague District Court permitted the Russian Federation to mark a decisive victory in this large-scale […]

Annulment of an award for breach of due process: substitution of grounds without previous discussion with the parties.

On 15 March 2016, the Paris Court of Appeal annulled an award for breach of due process (Article 1520, 4° of the French Code of Civil Procedure) on the grounds that, without inviting the parties to discuss the issue, the Arbitral Tribunal had replaced a claim for the allocation of the principal of a sentence […]