The High Court of Justice recalls that the confidentiality of arbitral proceedings is not guaranteed in the event of judicial review
Citation : Mordchai Ganz v Petronz FZE & Abraham Goren, [2024] EWHC 1011 (Com) On 25 March 2024, the High Court of Justice of England and Wales (the “High Court”) dismissed an application by one of the defendants to prevent the publication of a judgment relating to the challenge to an arbitral award. The award, […]
Teynier Pic is delighted to welcome Sandrine Saïd to its team
Admitted to the Cairo Bar and shortly admitted to the Paris Bar, Sandrine has joined Teynier Pic as an associate. Her practice focuses on commercial litigation and international arbitration. Before joining Teynier Pic, she was trained in commercial litigation, having interned at leading international and French law firms in Paris. Sandrine holds a Bachelor of […]
The Swiss Federal Supreme Court confirms arbitral tribunal’s jurisdiction to hear an intra-European dispute based on the ECT
Swiss Federal Supreme Court, 3 April 2024, 4A_244/2023 In a decision of 3 April 2002, the Swiss Federal Supreme Court (“the Supreme Court“) held that an arbitral tribunal had jurisdiction to hear an intra-European dispute on the basis of Article 26 of the Energy Charter Treaty (“ECT“). The dispute concerned a French company’s investment in […]
Paris Court of Appeal allows a party to participate remotely in a hearing on an application to set aside an arbitral award
Paris Court of Appeal, 4 April 2024, RG n° 22/19221 In a decision dated 4 April 2024, the Paris Court of Appeal allowed a party to participate remotely in a hearing relating to an action to set aside an arbitral award as she was unable to attend in person. The case concerned a Russian national […]
The jurisdiction of English courts to grant anti-suit injunctions based on an arbitration agreement providing for a seat in France
UniCredit Bank GmbH (Respondent) v RusChemAlliance LLC (Appellant), UKSC 2024/0015 Do English courts have jurisdiction to issue anti-suit injunctions in support of arbitrations seated outside the United Kingdom? On 23 April 2024, the Supreme Court of the United Kingdom (“the Supreme Court”) ruled on this issue in a case between a Russian company (RusChemAliance or […]
The acquiring limited liability company may be held criminally liable for acts committed by the acquired limited liability company
The Criminal Division of the Court of Cassation traditionally held that the acquiring company could not be held criminally liable for acts committed by the acquired company prior to the merger (Court of Cassation, Criminal Division, October 25, 2016, No. 16-80.366). However, under the influence of European law, this case law was overturned in 2020 […]
European Parliament votes to withdraw from the Energy Charter Treaty
Following a wave of withdrawals by Member States including Italy, France, Germany and Poland, the European Union (“EU”) will now withdraw from the Energy Charter Treaty (“ECT”). Although the European Commission had initially called on EU member states to withdraw from the ECT in a coordinated manner, on 7 March the 27 Member States adopted […]
A belatedly raised ground for annulment is a plea of inadmissibility that must be made before the Court of Appeal hearing the action for annulment.
The objection seeking to dismiss an action for annulment on the ground that the violation of international public policy was not raised in due time is a “fin de non-recevoir” (plea of inadmissibility) which must be raised before the Court of Appeal hearing the action for annulment. In an opinion issued on 20 March 2024, […]
Brussels I Bis Regulation: the decision of a Member State court must be recognized in the European Union even if that court has declared itself to have jurisdiction in disregard of a contractual provision conferring jusridiction to the Courts of another Member State
The Court of Justice of the European Union (CJEU) was asked to give a preliminary ruling in a dispute concerning the recognition in Lithuania of the judgment of a Dutch court which had declared itself to have jurisdiction despite a contractual provision conferring jusridiction to the Courts of another Member State. The CJEU replied that […]
The Court of Cassation upholds the refusal to compensate the loss of opportunity arising out of the annulment of an award due to the arbitrator’s negligence, and subsequent reduced court damages.
In a decision dated 14 February 2024, the Court of Cassation ruled on the liability of the arbitrator who had signed his award after the expiry of the arbitration, resulting in the annulment of the award. Subsequently, the Court of Appeal, ruled on the merits of the dispute and awarded a lower amount of compensation […]