Category Legal News

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 […]

The LCIA updates its guidelines “Notes for Arbitrators” on the issue of the Arbitral Tribunal Secretary

Following the recent debates on the role of the Secretary of the Arbitral Tribunal, and in particular after the decision of the English High Court of Justice, dated 9 February 2017 (see our previous post here), on 26 October 2017, the LCIA revised its “Notes for Arbitrators” on the use of tribunal secretaries. The main […]

Paris Court of Appeal: Application of the Principle of “Adverse Inference” or “Unfavourable Presumption” Derived from the Defect of Document Production

On 28 February 2017, the Paris Court of Appeal rendered a judgment which, for the first time, to our knowledge, confirmed the application by an Arbitral Tribunal of the principle of “adverse inference” or “unfavorable presumption” drawn from the failure to produce evidence by one of the parties.  While the position of the Court of […]

International Arbitration and public procurement: confirmation of the administrative judge’s jurisdiction over exequatur

Following the trend adopted with the Inserm case in 2010, the French Tribunal des conflits confirms the end of the Galakis case law On 24 April 2017, the French Tribunal des conflits consolidated the evolution that had started with the Inserm decision in 2010, stating that the administrative judge has jurisdiction to rule on a […]

Conflict of interest risks for counsel in international arbitration

Decision of the Solicitors Disciplinary Tribunal of 18 July 2017, case No. 11592-2016 In its decision of 18 July 2017, the English Solicitors Disciplinary Tribunal, the equivalent in France of the conseil de discipline des avocats, ordered a prestigious law firm and one of its partners to pay a substantial fine for not having identified […]