A collective decision in a simplified joint stock company requires an arithmetical majority of the votes expressed, any contrary clause in the articles of association being deemed unwritten
The plenary assembly of the French Supreme Court (Cour de cassation) has ruled on the validity of statutory clauses governing the conditions for the adoption of ordinary resolutions in simplified joint stock companies (SAS). In the case at hand, the shareholders of a simplified joint stock company (SAS) had passed a resolution to increase the […]
The French Supreme Court (Cour de cassation) rules on the liquidator’s intervention not granted exequatur in France
On 6 November 2024, the French Supreme Court ruled on a number of appeals concerning the enforcement of the ICC arbitration award in the Devas v. Antrix case. The French Supreme Court confirmed the previous position of the Paris Court of Appeal, expressed in rulings dated March 22, 2022 and June 28, 2022, which had […]
Lack of impartiality of a national judge in assessing the independence of an arbitral tribunal: the case of NDI SOPOT S.A. v. Northern Macedonia
On 26 November 2024, the European Court of Human Rights (ECHR) ruled against North Macedonia on the basis of article 6§1 of the European Convention on Human Rights (ECHR). NDI SOPOT S.A., a Polish civil engineering company, applied in Northern Macedonia for theexequatur of an ICC arbitration award handed down in Paris. The award settled […]
