The Swiss Federal Supreme Court confirms arbitral tribunal’s jurisdiction to hear an intra-European dispute based on the ECT
Swiss Federal Supreme Court, 3 April 2024, 4A_244/2023 In a decision of 3 April 2002, the Swiss Federal Supreme Court (“the Supreme Court“) held that an arbitral tribunal had jurisdiction to hear an intra-European dispute on the basis of Article 26 of the Energy Charter Treaty (“ECT“). The dispute concerned a French company’s investment in […]
Paris Court of Appeal allows a party to participate remotely in a hearing on an application to set aside an arbitral award
Paris Court of Appeal, 4 April 2024, RG n° 22/19221 In a decision dated 4 April 2024, the Paris Court of Appeal allowed a party to participate remotely in a hearing relating to an action to set aside an arbitral award as she was unable to attend in person. The case concerned a Russian national […]
The jurisdiction of English courts to grant anti-suit injunctions based on an arbitration agreement providing for a seat in France
UniCredit Bank GmbH (Respondent) v RusChemAlliance LLC (Appellant), UKSC 2024/0015 Do English courts have jurisdiction to issue anti-suit injunctions in support of arbitrations seated outside the United Kingdom? On 23 April 2024, the Supreme Court of the United Kingdom (“the Supreme Court”) ruled on this issue in a case between a Russian company (RusChemAliance or […]
The acquiring limited liability company may be held criminally liable for acts committed by the acquired limited liability company
The Criminal Division of the Court of Cassation traditionally held that the acquiring company could not be held criminally liable for acts committed by the acquired company prior to the merger (Court of Cassation, Criminal Division, October 25, 2016, No. 16-80.366). However, under the influence of European law, this case law was overturned in 2020 […]