Tag Archives: challenge

Annulment of an award for breach of due process: substitution of grounds without previous discussion with the parties.

On 15 March 2016, the Paris Court of Appeal annulled an award for breach of due process (Article 1520, 4° of the French Code of Civil Procedure) on the grounds that, without inviting the parties to discuss the issue, the Arbitral Tribunal had replaced a claim for the allocation of the principal of a sentence […]

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 High Court: Award remitted to an arbitral tribunal for serious irregularity which has caused or will cause substantial injustice

Brockton Capital LLP v Atlantic-Pacific Capital Inc, Inc, 7 may 2014 [2014] EWHC 1459 On 7 May 2014, in Brockton Capital v Atlantic-Pacific Capital, the High Court of Justice of England and Wales has ruled that an arbitral tribunal, by dealing with an issue of which one of the parties had had no notice and […]

News flash: Recognition by the French Cour de cassation of the binding force of arbitration rules’ provisions regarding challenge of arbitrators

The First civil chamber of the French Cour de cassation rendered its decision today in the famous case Tecnimont: whereas the Court of appeal of Reims had decided, on 2 November 2011, that the judge ruling on the annulment of an award is not bound by the admissibility time-limit of a challenge of an arbitrator brought before […]

Only a “final” award may be enforced, notwithstanding how the arbitral tribunal has characterized it

French Cour de cassation, First Civil Chamber, 5 March 2014, No. 12-29.112 In this case, the company Diag Human SE supplied human plasma to the Czech Republic Ministry of Health. Following a financial dispute which had arisen between the parties, the latter decided to enter into an ad hoc arbitration agreement on 18 September 1996 […]

Qatar: Invalidity of awards subject to Qatari law not rendered in the name of his Highness the Emir of Qatar

On 7 December 2013, the Qatar Court of First Instance refused to enforce and annulled an ICC award rendered in Paris, France, under Qatari Law for violation of public order because it had not been issued in the name of his Highness the Emir of Qatar, according to Global Arbitration Review. This ruling must be […]

Implicit extension of the time limit to render the award and rejection of the modification by the court of appeals of the arbitral tribunal’s decision

French Supreme Court, First Civil Chamber, 11 September 2013, n°12-26.180 On 11 September 2013, the French Cour de cassation rendered a decision precising (i) the modalities to prolong the time limit to render the award and (ii) the limit of the court of appeal’s powers. The facts of the case were the following: on 2 […]