In French civil procedure, the Conseiller de la Mise en État (CME) is a magistrate of the Court of Appeal responsible for ensuring the proper conduct of the hearing. Once appointed, the CME has exclusive jurisdiction to rule on all procedural objections and “fin de non-recevoir” about the appeal itself, and to order all provisional or conservatory measures until its relinquishment. The issue of the fin de non-recevoir before Courts of Appeal has been a…
A. LEGISLATION AND RULES A.1 Legislation On 13 July 2023, the French National Assembly (Assemblée Nationale) voted in…
On 24 October 2023, the Paris Court of Appeal delivered an influential decision for the international arbitration community[1].…
Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned this catamaran through a British Virgin Islands company called Song Saigon Ltd. Mr. X acquired the catamaran for EUR 1.22 million through two agreements successively signed with Song Saigon Ltd in the form of a memorandum of agreement (MoA) and a share sale and purchase agreement (SSPA), under which Mr. Y transferred all of his shares in…
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…
The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the COVID-19 pandemic and its consequences.[1] Factual Background Boralex is the French subsidiary of a Canadian company specializing in the construction and the operation of solar and wind farms. InnoVent is a company incorporated under French law specializing in the construction of wind turbines. On 28 June 2012, Boralex and InnoVent concluded…
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris…
A. LEGISLATION AND RULES A.1 Legislation France has enacted law No. 2021-750 dated 11 June 2021 by which…
In a recent decision[1] issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris First Instance Tribunal (Tribunal judiciaire),[2] which found that it lacked jurisdiction to hear a liability claim filed against the arbitrator, by one of the parties to the arbitration proceeding. The decision rendered in the case at hand is a new episode in the Saad Buzwair Automotive Co (SBA) versus Audi Volkswagen…