Le refus du tribunal arbitral d’ordonner la production de pièces ne justifie pas, en soi, l’annulation d’une sentence
Par un arrêt du 18 septembre 2024, la Cour de cassation poursuit sa construction jurisprudentielle sur le contrôle de la méconnaissance de l’ordre public international et le droit de la défense en matière arbitrale. Un litige opposait la société italienne Green Network SPA et la société Alpiq, leader sur le marché de l’énergie en Suisse, […]
The plea of inadmissibility based on the failure to implement the conciliation clause prior to any proceedings in various legal proceedings
In a ruling handed down on September 12, 2024, the French Supreme Court ruled on the question of the application of a prior conciliation clause in the event of different legal proceedings being brought (in summary proceedings and then on the merits). In the case at hand, the dispute concerned the deed of sale of […]
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 […]
Franchise agreements do not require the consent of franchisees prior to a change of control of the franchisor, unless otherwise provided in the agreement
In a judgement issued on 15 May 2024, the Court of Cassation clarified the scope of the concept of intuitu personae in franchise agreements. In line with previous case law based on the autonomy of the legal entity, the Court of Cassation confirmed that the transfer of all the shares of the franchisor to a […]
First decisions by the Chamber of the Paris Court of Appeal specialised in emerging litigation (Chamber 5-12)
On 18 June 2024, Chamber 5-12 of the Paris Court of Appeal, which was set up at the beginning of the year (see our newsletter of January 2024), issued three important decisions on the admissibility of the first actions brought by associations and local authorities in relation to duty of care against TotalEnergies, EDF and […]
The Court of Cassation upholds the annulment of an arbitral award based on the close personal ties between an arbitrator and a party’s counsel, revealed in the eulogy addressed by the former to the latter
Reference: French Supreme Court, 19 June 2024, no. 23-10.972, (confirmation of Paris Court of Appeal, Pole 5, Ch. 16, 10 January 2023, no. 20/18330) On 19 June 2024, the Court of Cassation issued a judgement on the independence and impartiality of arbitrators in an ICC arbitration relating to a contract between Douala International Terminal (“DIT”) […]
French Court of Cassation rules that, in insolvency proceedings, an exequatur order that merely recognises a claim is not contrary to international public policy
Reference: Cass. civ. 15 May 2024, no. 23-11.012 This case concerns an arbitration initiated in 2013 by Hydro Construction (“Hydro”) against Vergnet. On 6 May 2014, the parties agreed to suspend the arbitration proceedings and submit their dispute to an adjudicator, who issued a non-binding decision in favour of Hydro and ordered Vergnet to pay […]