Category Legal News

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 […]

Third Party Funding: new recognitions in domestic legislations and status

In the last few years, Third Party Funding (« TPF ») has become a recognized financing tool in the arbitration practice, which has been the subject of many debates, raising both positive and negative reviews. If it is a recognized tool in practice, what about its adoption and recognition by the domestic legislations? To recall, third party […]

English court ruling on the extent and limits of the role of the Secretary of the Arbitral Tribunal

Decision of 9 February 2017 of the Commercial Court of the High Court of Justice (Queen’s Bench Division), made by Mr. Justice Popplewell (Case No. CL-2016-61). On 9 February 2017, the English High Court had an opportunity to rule on the question of the role of the Secretary of the Arbitral Tribunal. Recently, the question […]

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 […]