The warranty for hidden defects passed on to the sub-purchaser of the item sold can be invoked against the original seller, even if the sub-purchaser was aware of the defect
In a decision dated 16 October 2024, the French Supreme Court (Cour de cassation) ruled on the scope of the warranty for hidden defects in a chain of contracts (Articles 1641 and 1642 of the French Civil Code). Under the terms of these articles, “[t]he seller is bound by the warranty for latent defects in the thing […]
The arbitral tribunal has discretionary power in the choice of methods for assessing damages
In a ruling handed down on 9 October 2024, the French Supreme Court (Cour de cassation) reiterated the arbitrators’ discretionary power to choose the methods for assessing damages, in compliance with the principle of contradiction. In this case, the dispute was between Swiss Re Direct Investments and several Ivorian parties, including Manzima Holding and Manzi Finances. It […]
The stay of execution of an arbitral award resulting from the violation of the principle of equality of unsecured creditors
In a ruling dated 3 October 2024, the Paris Court of Appeal ordered a stay of execution of an arbitration award, due to the risk of serious prejudice to the rights of the parties (article 1526 paragraph 2 of the French Civil Procedure Code). The case involved an Italian construction company (Astaris) and the Georgian Road Authority. […]
Notification procedures in arbitration proceedings and respect for the adversarial principle
In a ruling dated 1st October 2024, the Paris Court of Appeal ruled on the conditions for compliance with the adversarial principle in the enforcement of an arbitration award against Libya. In this case, the dispute was between the Tunisian company Siba Plast and the Libyan state. Siba Plast had obtained an arbitration award on 28 November 2014, condemning […]
The option of territorial jurisdiction for investigative in futurum measures applies even when the expertise concerns an immovable asset
In a ruling handed down on 24 October 2024, the Paris Court of Appeal reaffirmed the option of territorial jurisdiction for in futurum investigative measures concerning real estate. In the case at hand, the President of the Paris Judicial Court had declined jurisdiction to order an expert appointment of an immovable asset located outside his […]