Tag Archives: award

Enforcement order of an award set aside by the English High Court on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act

In a judgment dated 19 February 2015, the High Court of England and Wales set aside an order to enforce an award under the New York Convention on the basis of Sections 103(2)(c) and (f) of the 1996 Arbitration Act and thus declined enforcement of this award. On 4 November 2000, Malicorp Ltd. (“Malicorp”), a […]

The arbitration team again nominated in the Décideurs ranking

The arbitration team is happy to be nominated again in the 2015 Décideurs ranking for having a “High Notoriety” in arbitration and an “Excellent” practice in mediation. Moreover, Christophe Lapp and Caroline Duclercq are once more recognized for their arbitrator practices, respectively referenced “Excellent” and having a “Famous Practice”.  

Paris Court of Appeal: Corruption and violation of international public policy

Paris, 1st Division, 1st Chamber, 14 October, n°13/03410 On 14 October 2014, the Paris Court of Appeal ruled an application to set aside an award for violation of international public policy due to allegations of corruption. In this case, between 1984 and 1987, the Republic of Congo had concluded several public works contracts and contracts […]

French Supreme Court: Defaulting party to the proceedings – Burden of proof of the violation of due process

French Supreme Court, 1st Civil Chamber, 5 November 2014, no 13-11.745 In a judgement issued on 5 November 2014, the French Supreme Court ruled on the question of proof of compliance with due process in arbitration. In this case, a Luxembourg Company sought enforcement in France of an ICC award rendered in New York by a […]

English Commercial Court declines enforcement of an award under the New York Convention using the doctrine of issue estoppel

In a judgment dated 22 May 2014, the Commercial Court of England and Wales refused enforcement of an award under the New York Convention using the doctrine of issue estoppel which prevents an issue that has already been litigated on the merits from being litigated a second time. We understand that this is the first […]

The Paris Court of Appeal requests a preliminary ruling from the European Court of Justice to decide whether arbitral awards should be annulled

Paris Court of appeal, 23 September 2014, Nos. 12/21810, 13/09296, 13/17187 On 23 September 2014, the Paris Court of Appeal decided that a preliminary ruling from the European Court of Justice (“ECJ”) was necessary to determine whether the awards challenged in the present case should be annulled under Article 1520 para. 5 of the French […]

UK: Conditional award admitted as final award

Konkola Copper Mines vs U&M Mining Zambia Ltd, [2014] EWCH 2374 (Comm) On 15 July 2014, the Commercial Court of the High Court of Justice in London rejected applications made under Sections 67 and 68 of the Arbitration Act to challenge an award rendered in an arbitration between U&M Mining Zambia Ltd (“U&M”) and Konkola […]