Russian Supreme Court annuls enforcement of a foreign arbitral award, holding that arbitrators from “hostile” states are presumed to be “partial”
On 26 July 2024, the Russian Supreme Court annulled the enforcement of an arbitration award made in favour of the German company C. Thywissen GmbH (“Thywissen”) against the Russian company JSC Novosibirskhlebprodukt (“NHP”). The dispute between the two companies arose from the performance of a contract for the purchase of linseed concluded in 2020. NHP […]
Economic Parasitism Requires Proof of Individualised Economic Value
In a judgement dated 26 June 2024, the French Court of Cassation clarified the concept of economic parasitism, a tort by which a company takes unfair advantage of the efforts, know-how, reputation or investments of another company without bearing the costs. In this case, a company claimed that one of its competitors had copied the […]
Reversal in Case Law: Limitation of Liability Clauses Are Now Enforceable Against Third Parties Claiming Tortious Liability for Breach of Contract
On 3 July 2024, the French Court of Cassation overturned its previous case law and ruled that third parties may now invoke limitation of liability clauses, applicable to the relationship between contracting parties, against one of the contracting parties in an action in tort. In this case, a contract for the handling and unloading of […]
State Immunity and its Applicability to Private Legal Persons: the Agent Orange Case
In a judgement delivered on 22 August 2024, the Paris Court of Appeal reaffirmed that foreign States enjoy immunity from jurisdiction if the act giving rise to the dispute is, by its nature or purpose, an act in the exercise of State sovereignty and is therefore not an act of management. Immunity protects not only […]