Tag Archives: juge d’appui

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 […]

French judge’s jurisdiction to know of the validity of the constitution of an Arbitral Tribunal seated abroad if the arbitrator is domiciled in France

First Civil Chamber, 28 March 2013, n°11-11320 The French Supreme Court confirms the issue of the French judge’s jurisdiction to know of the existence or validity of the constitution of an arbitral tribunal seated abroad.  It should be reminded that the Swiss Federal Tribunal recently refused to decide upon the nomination of an arbitrator by […]

First Swiss Episode in the National Iranian Oil Company (NIOC) v. State of Israel Saga: recognition of the French juge d’appui’s international jurisdiction and of a fundamental right to an arbitrator

Swiss Federal Tribunal, 1st Civil Law Court,  10 January 2013 – State of Israel v. National Iranian Oil Company (NIOC) This decision is a sequel to the French Supreme Court’s famous decision of 1 February 2005 recognising, on the basis of denial of justice, the international jurisdiction of the French “juge d’appui” (the “supporting judge”) to […]

Application of res judicata by the French Supreme Court: challenge of an award based on the same facts as a request for removal of an arbitrator already refused by the juge d’appui

Civ. 1st, 13 March 2013 – Carrefour c. Coop Atlantique The fact that the supporting judge’s (the “juge d’appui”) decision dismissing a request for removal of an arbitrator for lack of independence and impartiality is res judicata prevents the award be set aside for the same facts subject to new elements arising subsequently to the first […]