Tag Archives: arbitration

Report of the roundtable “Wake Up (With) Arbitration!” of 10 April 2018: “London’s burning, Paris s’éveille?”

As we had announced, Caroline Duclercq has hosted, along with Valence Borgia and Maria Beatriz Burghetto, a rountable “Wake up (with) Arbitration!” on 10 April 2018, on the topic “London’s burning, Paris s’éveille?” The report is now available here. For more information, or to participate in a next session, visit the blog “Wake up (with) Arbitration“, their LinkedIn group, or […]

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 […]

Paris Arbitration Week: Caroline Duclercq will intervene at the GAR Live “Construction Disputes”

The second Paris Arbitration Week will be held from 9 April 2018 to 13 April 2018. This Week dedicated to arbitration is co-hosted by Paris Arbitration, the Home of International Arbitration, the ICC (International Chamber of Commerce), the French Committee on Arbitration and the Association for Arbitration. As part of the Paris Arbitration Week, Caroline […]

Launch of the Paris MENA Legal Club

On 25 January 2018, Caroline Duclercq participated in the launching of the Paris MENA Legal Club, as member of the Board of Directors. Jean-Pierre Lafon, Club President, Guillaume Deroubaix, Secretary General, our guest, Mr Bertrand Besancenot, who was interviewed on “The Latest Developments in the Middle Eastern Situation”,  and Professors Hadi Slim and Michel Séjean […]

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. […]