Tag Archives: France

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 […]

Report on the conference “Arbitration, a development channel for economic operators in the African – Indian Ocean zone”, Réunion, 30 November – 1 December 2017

Caroline Duclercq intervened on the the topic “The pros of choosing French law arbitration” in the context of the international conference “Arbitration, a development channel for economic operators in the African – Indian Ocean zone” that took place in Réunion Island, on 30 November and 1 December 2017, organized by the Centre de médiation et […]

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 […]

French Cour de cassation: Arbitrators’ duty to disclose / parties’ duty to investigate

On 16 December 2015, the French Supreme Court (“Cour de cassation”) confirmed that an arbitrator had breached his duty of disclosure by not revealing an operation that was manifestly of importance to his law firm. This firm had been advising Leucadia corporation (“Leucadia”), the parent company of Caribbean Fiber Holding (“CFH”), which was co-defendant with […]

Publication of an article: “Arbitration in France and Europe: a continued pursuit for time and cost efficiency”

François Muller and Vanessa Thieffry have published an article entitled “Arbitration in France and Europe: a continued pursuit for time and cost efficiency” in Focus Europe. It is available here.

Publication of an article on ADR under French law

Christophe Lapp and Julien Balensi published an article on Alternative Dispute Resoltion (“ADR”) under French law in Option Droit&Affaires. It is available here.

Publication of an article: the obtention of proof in France and abroad

Christophe Lapp, Pauline Dubarry and François de Bérard have published an article on the obtention of proof in France and abroad. It is available here.