Category Legal News

Intra-EU Investment Arbitration: is resistance growing?

The Achmea saga of 6 march 2018 continues to raise multiple questions regarding its scope of application. While some authors argue that the European judge’s willingness was “to go further than the case that was submitted to him” (free translation: Sophie Lemaire, « Incompatibilité de l’offre d’arbitrage insérée dans le TBI Pays Bas-République fédérale tchèque et […]

The Hong Kong International Arbitration Centre amends its arbitration rules

In August 2017, the “Hong Kong International Arbitration Centre” (“HKIAC”) drafted new rules which modified in depth its version of 2013 and took into account the latest developments of international arbitration. After several public consultations with arbitration practitioners in Hong Kong and worldwide confirmed the relevance of a revision, the HKIAC announced the introduction of […]

Obligation of disclosure and notorious fact: when the Court of Appeal recalls the extent of this obligation

On 27 March 2018, the Paris Court of Appeal ruled once again on the extent of the arbitrator’s obligation to disclose and notorious fact, underlining that a party ‘was not required to continue its research after the arbitration operations had begun and it was incumbent on the arbitrator to inform the parties of any circumstance […]

Slippery slope for intra-EU investment arbitration

In its press release of 6 March 2018 concerning the Achmea case, the Court of Justice of the European Union (CJEU) indicated that the “arbitration clause in the Agreement concluded between the Netherlands and Slovakia on the protection of investments is not compatible with EU law”. A few days later, in a press release dated […]

Putting a stop to powers of the “juge d’appui”

On 13 December 2017 (Cass. Civ. 1er, 13 December 13, 2017, appeal No. 16-22131, published in the Bulletin), the Court of Cassation pronounced on the power of the “juge d’appui” in the context of the Garoubé saga. At the risk of oversimplifying them, the facts of the case were as follows: a leasing contract had […]

When Civil Law Countries Recognize Punitive Damages

On 5 July 2017, the Italian Court of Cassation, as the French Court of Cassation in December 2010, affirmed that punitive damages are not contrary to international public order. Punitive damages are defined as “the costs that are awarded to a person due to negligence that has caused personal injury or damage to personal property. […]

Enforcement of arbitral awards: creditors, don’t wait too long!

Most of the time, arbitral awards are enforced spontaneously by the losing party. When the party refuses, it is then necessary to initiate an enforcement procedure before national jurisdictions. In France, the enforcement procedure is rather simple: the winning party will notify the award and request enforcement before the Tribunal de grande instance sitting as […]