Tag Archives: advance on costs

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 […]

Withdrawal of counterclaims due to non payment of the advance on costs is contrary to the right to access justice and to the principle of equality if the counterclaims are indissociable from the principal claims

French Supreme Court, 1st civil chamber, 28 March 2013, n°11-27.770, Pirelli c. Licensing Projects 28 March 2013 was prosperous for the 1st civil chamber of the French Supreme Court, which rendered six decisions concerning arbitration. In one of these judgements, the Supreme Court decided whether the fact for an Arbitral Tribunal to consider counterclaims as […]