Environmental Obligations of States: Legal Support for the Planet
A two-week hearing before the International Tribunal for the Law of the Sea (the “Tribunal”) in Hamburg, Germany, concluded on 25 September 2023. The hearing aimed to clarify the obligations of States under the United Nations Convention on the Law of the Sea (“UNCLOS”) in relation to the protection and preservation of marine environments from […]
Latest news on the legal warranty against hidden defects
Several rulings handed down in July by the French Supreme Court (Cour de cassation) have elucidate several aspects of the legal warranty for hidden defects. In particular, the Court has clarified the issues of the irrebuttable presumption of knowledge of the latent defect by professional sellers, as well as the applicable statute of limitations. July […]
Latest news in French civil procedure
Decree n° 2023-686 introduces two new mechanisms for the amicable settlement of disputes applicable to proceedings brought before the judicial courts from 1 November 2023. Amicable settlement hearing New article 774-2, paragraph 1 of the Code of Civil Procedure introduces an amicable settlement hearing, aiming at “resolving a dispute amicably through a balanced confrontation of […]
European Union: Towards a Simultaneous Withdrawal from the Energy Charter Treaty
Following the withdrawal of several European countries, including France, from the Energy Charter Treaty, the European Commission has submitted a proposal for a simultaneous withdrawal by all the Member States of the European Union. This is mainly the result of failed efforts to modernize the Energy Charter Treaty. The European Commission has called on the […]
The Hague Judgments Convention now in force within the European Union
The Hague Judgments Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which aims to facilitate global recognition of court decisions, has entered into force in the European Union on 1 September 2023. The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil […]
The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution Is Approved
At the last session of the United Nations Commission on International Trade Law, held in Vienna from 3 to 21 July 2023, Member states approved a Code of Conduct for arbitrators sitting in both ICSID and UNCITRAL investment proceedings. Although the final text has yet to be published, the new Code will regulate the practice […]
Latest news on duty of care
We organised a breakfast session this month on the expansion of the French duty of care and the resulting litigation risks for companies. This is a hot topic: On 25 May 2023, BPCE, BNP Paribas and Crédit Agricole were given formal notice by NGOs to stop financing the Swiss company Glencore, which contributes to the […]
Dismissal of an application for exequatur on the ground of a fraud against an arbitration award
Two Italian companies, BEG and Enelpower, signed a cooperation agreement for the construction and operation of a hydroelectric power station in Albania. When Enelpower decided not to go ahead with the project, BEG brought claims for compensation before an arbitration tribunal as per the arbitration clause provided for in the contract. These claims were dismissed […]
Clarification of the interplay between the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods and the liability for defective products
The insurer of an Italian company, subrogated to the latter’s rights, sued a French company and its insurer on the basis of the liability for defective and non-compliant food ingredients, which were then to be incorporated by the purchasing company into its own products. In a ruling dated 21 October 2021 (RG 20/04472), the Versailles […]
Sultan of Sulu Case
Several Philippine nationals have initiated ad hoc arbitration proceedings concerning the interpretation and performance of an agreement concluded in 1878 between the Sultan of Sulu and two European explorers. This agreement, described by the claimants as a “lease agreement” and by Malaysia as a “cession of territory and sovereignty“, covered the territories on the north […]