Paris Court of Appeal, 25 February 2020, No 19/1507575; 19/15816; 19/15817; 1915818; 15/819 The International commercial chamber of the Paris Court of Appeal, created in February 2018, has recently issued a decision on the everlasting topic of arbitrators’ independence and impartiality. The dispute arose between three Brazilian companies, members of a consortium operating on an offshore oil development project in Brazil: Dommo Energia S.A. (“Dommo” or “Claimant”), Barra Energia do Brasil Petróleo e Gás Ltda.…
Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian…
FRANCE Eric Borysewicz and Karim Boulmelh A. LEGISLATION AND RULES A.1 Legislation A new Decree no. 2019-1089 on…
In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution in the terms of reference amounts to a renunciation to invoke the tribunal’s lack of independence and impartiality.[1] In this case, the chair of the tribunal did not disclose any element in his declaration likely to raise reasonable doubt as to his independence and impartiality. However, one of the parties to…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…