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Tag: french supreme court

Showing 11 out of 11 results

23 January 2023

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 …

20 May 2022

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 …

09 March 2022

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 …

26 May 2017

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 …

07 January 2016

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 …

07 December 2015

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 …

04 December 2015

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) …

24 November 2015

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…

27 May 2015

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 …

09 April 2015

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 …

19 March 2015

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 …