France is no longer a party to the Energy Charter Treaty
On 8 December 2023, France ceased to be a party to the Energy Charter Treaty (“ECT”), an international investment agreement specific to the energy sector. As a reminder, France notified its withdrawal from the ECT on 7 December 2022. This withdrawal was motivated by two criticisms: On the one hand, the ECT hinders the transition […]
The Paris Court of Appeal recalls the high standard applied to actions to set aside arbitral awards based on an alleged breach of an arbitrator’s duty of disclosure.
Paris Court of Appeal, 19 September 2023 – no. 21/16159 A recent ruling by the Paris Court of Appeal on the independence and impartiality of arbitrators highlights the strict and high standard applied by French courts to applications to set aside an arbitral award based on an arbitrator’s failure to disclose his relationship with a […]
The United Arab Emirates amends its legislation on arbitration
The United Arab Emirates recently enacted Federal Law No. 15 of 2023 (the “Amendment Law”), introducing changes to its arbitration legislation relating to virtual proceedings, restrictions on the appointment of arbitrators, and the autonomy and discretion of the arbitral tribunal. The main changes can be summarised as follows: Conduct of proceedings and virtual proceedings: Article […]
High Court of Justice sets aside two arbitration awards against Nigeria totalling US$11 billion for fraud and breach of public policy
The High Court of Justice of England and Wales (the “High Court”) has upheld a challenge by Nigeria against two arbitration awards on the grounds that they were obtained by fraud and contrary to public policy pursuant to section 68(2)(g) of the Arbitration Act 1996. The awards arose out of a dispute relating to a […]
Teynier Pic represents over a thousand Nicaraguan farm workers before the Paris Court of Appeal in exequatur of Nicaraguan judgments awarding them nearly a billion dollars
Our team is representing more than a thousand Nicaraguan banana farmers before the Paris Court of Appeal, seeking compensation for the serious harm they have suffered as a result of their exposure to a carcinogenic pesticide. The specialist magazine Décideurs juridiques has published an article on this milestone case.
Recent rulings from the Cour de cassation on time limits
In October, the Cour de cassation explored the subject of time limits, whether for performance, limitation or forclusion: The ten-year period during which enforcement of a Court decision may be pursued runs from the day on which the decision becomes enforceable within the meaning of article L. 111-3, 1° of the French Code of Civil Enforcement […]
Latest news on contract law
In October, the Cour de cassation handed down several important rulings on contractual practice: Termination: no requirement of formal notice if notice is in vain In a ruling handed down on October 18, 2023, the Commercial Chamber of the Cour de cassation reiterated that unilateral termination of a contract may be requested without prior formal […]
Anti-money laundering and anti-financing of terrorism regulation in commercial and civil litigation
A company specialising in prepaid bank cards distribution brought an action against a competitor before the Commercial Court on the basis of Article 145 of the Code of Civil Procedure (which provides that a party may request pretrial investigative measures) to request document discovery. The defendant brought a counterclaim based on unfair competition resulting from […]
Latest news in civil law
The fulfilment or failure of a condition precedent (CP) must be assessed on the date of termination of the contract, and any fulfilment of the CP after this date is irrelevant. In the present case, an architect agreement, which failed to comply with the provisions of the Consumer Code protecting real property investors, must be […]
UK courts issue conflicting rulings on anti-suit injunctions concerning ICC arbitrations in Paris
In recent months, UK courts have issued several decisions, some of them contradictory, on applications for anti-suit injunctions (“ASIs”) – a common law relief ordering a party not to bring legal actions in a jurisdiction or forum other than the one provided for in the contract – in disputes involving ICC arbitration clauses with a […]