Arbitration Notes
Tag: french supreme court
Showing 11 out of 11 results
THE FINAL DECISION IN THE VIDATEL CASE: THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN THE CONSTITUTION OF THE ARBITRAL TRIBUNAL
In Vidatel v. PT Ventures, Mercury and Geni case (Cass. Civ. 1ère, 9 November 2022, No 21-17203), the French Supreme Court upheld the 2021 decision of …
THE FRENCH SUPREME COURT UPHOLDS SET ASIDE OF AWARD DUE TO EVIDENCE OF MONEY LAUNDERING
In Belokon v. Kyrgyzstan (Cass. Civ. 1ère, 23 March 2022, No. 17-17.981), the French Supreme Court upheld the 2017 decision of the Paris Court of Appeal …
The French Supreme Court employs the principle of procedural loyalty to prevent a jurisdictional challenge
In Tagli'apau v Amrest Holdings and al. (Cass. Civ. 1ère, 9 February 2022, No. 21-11253), the French Supreme Court reversed the decision of the lower …
Tribunal des Conflits clears jurisdictional divergence between French Supreme Court and Conseil d'État regarding enforcement of awards rendered in connection with certain public law contracts
In Tribunal des Conflits, 24 April 2017, C4075, the Tribunal des Conflits considered whether the administrative or ordinary courts had …
French Supreme Court declares inadmissible appeal of Court of Appeal’s decision to seek an opinion from the CJEU
In Cass. Civ. 1re, 18 novembre 2015, n°14-26.482, the French Supreme Court considered an appeal from a Court of Appeal decision seeking an opinion from …
Scope and validity of asymmetric jurisdiction clauses in France
On 7 October 2015, in Cass. 1ère Civ., 7 October 2015, No 14-16.898, the Cour de cassation (the French Supreme Court) handed down a decision that …
Appeal against order granting enforcement only permitted under limited grounds relating to arbitral award (French Supreme Court)
In a judgment dated 7 October 2015, the Cour de cassation (French Supreme Court) has rejected an appeal against an order granting exequatur (enforcement) …
French Supreme Court allows joint guarantors to challenge arbitral award
In a decision dated 5 May 2015 (Cass. Com. 5 mai 2015, 14-16.644, available at: https://www.courdecassation.fr/jurisprudence_2/chambre_commerciale_574/424…
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
French Supreme Court finds that tribunal acted within Terms of Reference
In Cass. Civ. 1, n° 14-12.077, 18 March 2015, Semapa Investimento E Gestao SGPS v CRH PLC, the French Supreme Court considered an appeal from a Paris …
Decision of the French Supreme Court on the binding nature of escalation clauses under French law
Businesses may seek to avoid court or arbitration proceedings for various reasons, including the risk of irreparable damage to business …