A. LEGISLATION AND RULES A.1 Legislation The French Parliament is considering reforming French arbitration law, the current version of which was enacted in 2011. On 12 November 2024, a working group established by the French Ministry of Justice was assigned to explore ways to reform French arbitration law. This working group is led by Thomas Clay, an arbitrator, lawyer, and law professor, along with Judge François Ancel. The goal of this reform is to modernize…
In French civil procedure, the Conseiller de la Mise en Ătat (CME) is a magistrate of the Court…
A. LEGISLATION AND RULES A.1 Legislation On 13 July 2023, the French National Assembly (AssemblĂ©e Nationale) voted in…
On 24 October 2023, the Paris Court of Appeal delivered an influential decision for the international arbitration community[1]. It partially annulled an award that had condemned the Bolivarian Republic of Venezuela (âVenezuelaâ) for breaching the provisions set out in an investment treaty, in the light of public policy considerations and the meeting of the applicable standard. In 2001 and 2006, Serafin GarcĂa R. Armas and his daughter, Karina GarcĂa Gruber (âthe investorsâ), bought shares in…
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned…
On 28 September 2022, the French Cour de Cassation rendered an important and awaited decision for the international…
A. LEGISLATION AND RULES A.1 Legislation France decided to withdraw from the Energy Charter Treaty (ECT). This development has a major importance in French legislation. The ECT was signed following the end of the Cold War in 1994, and France ratified it on 1 September 1999. While nine French investors have brought claims against other ECT signatories, France has only been sued once in September 2022 under this treaty. On 21 October 2022, President Macron announced Franceâs intention to withdraw…
The case at hand is, to our knowledge, the first and sole decision rendered by French courts in…
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation France has enacted law No. 2021-750 dated 11 June 2021 by which it ratifies the Agreement for the Termination of BITs concluded by 23 member states of the European Union (“Agreement”). This Agreement has been adopted notably following the ruling of the European Court of Justice (ECJ) in the Achmea case[1] which found that the arbitration agreements contained in intra-European BITs did not comply with the provisions of European…