Refusal to enforce a foreign judgment whose enforcement would be incompatible with one or more previous awards
The Court of Appeal of England and Wales refused to enforce a foreign judgment on the grounds that it was incompatible with arbitral awards rendered in London concerning the same case, on the basis that such enforcement would be contrary to public policy. The case related to the oil spill following the sinking of the […]
The right to evidence may justify a breach of business secrecy as long as the breach is essential and proportionate to the objective pursued
This case involved a company and two of its competitors, sued for an injunction to stop acts of unfair competition and for compensation for the resulting damages. One of the defendants filed a counterclaim for compensation for the damage arising from the obtaining and production in the proceedings of documents covered by business secrecy. The […]
Clarification of the procedures for implementing the statutory clauses for the exclusion of shareholders from a simplified joint-stock company (SAS)
The French Supreme Court has just clarified the procedures for implementing the statutory clauses for the exclusion of shareholders from a simplified joint-stock company (SAS). In this case, a shareholder had been excluded from a SAS on the grounds that he was working for a competing company. The statutory clause authorizing exclusion on these grounds […]
Teynier Pic strengthens its international commercial litigation practice with the promotion of Gonzague d’Aubigny to Counsel
A member of the Paris Bar, Gonzague d’Aubigny has nearly ten years’ experience practicing international commercial litigation. He handles disputes relating to industrial risks, international contracts and shareholder disputes, from pre-litigation negotiations through to court proceedings. He has also developed strong expertise in mediation. Since joining the firm in 2022, Gonzague has acted for industrial […]
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 (Cour de cassation) confirmed the inadmissibility of the liquidator’s intervention in proceedings for the exequatur of an ICC arbitral award in Devas v. Antrix, thus confirming the position of the Paris Court of Appeal as set out in its rulings dated 22 March 2022 and 28 June […]
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 […]
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. […]