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Arbitration France

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
A&O Shearman

The Prestige saga - clarifications on enforcement and State immunity from injunctions

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In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

Proskauer - Minding Your Business

French Supreme Court on Track to Annul a US$15 Billion Award against Malaysia

On November 6, 2024, the French Supreme Court rejected the enforcement of an interim award on jurisdiction in the legal saga opposing Malaysia to the heirs of the Sultan of Sulu and spanning several jurisdictions. The Supreme...more

Hogan Lovells

Veille juridique INFRASTRUCTURES / Contrats Publics du 16 octobre 2024

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L’équipe Financement de Projet du bureau de Paris vous propose de retrouver l’actualité récente française et européenne concernant le droit des contrats publics et le droit de la commande publique, notamment dans le domaine...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

White & Case LLP

Two courts confirm the logical limits of the validation principle

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Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

WilmerHale

Le Précédent Procédural Dans La Pratique Des Tribunaux Arbitraux

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La présente contribution se propose d’étudier l’apparition, en arbitrage international, de décisions procédurales formant un véritable corps de jurisprudence ou de précédents. Tandis que le sujet du précédent a d’ores et déjà...more

Akin Gump Strauss Hauer & Feld LLP

Fourth (and Final?) Act in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more

A&O Shearman

Paris Arbitration Week Overview: Pathways to Justice and Peace for Ukraine

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On March 31, 2022, as part of the 2022 Paris Arbitration Week, Shearman & Sterling LLP and the Ukrainian Arbitration Association co-hosted a conference on “International Law and the War in Ukraine: The Path(s) to...more

WilmerHale

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there...

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In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more

Hogan Lovells

Paris court clarifies the scope of enforcement of awards set aside at the seat

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In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more

Akin Gump Strauss Hauer & Feld LLP

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

Morgan Lewis

Recognition and Enforcement in France of Foreign Arbitral Awards Set Aside in Their State of Origin

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Historically, French law is very favorable to arbitration, and to international arbitration in particular. It is against this background that it has recognized the principle of autonomy of arbitral awards for several decades....more

White & Case LLP

Climate Change Disputes Take Center Stage at Paris Arbitration Week (PAW)

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There is increasing awareness about the interconnected nature of climate-related issues such as biodiversity loss, health, human rights, security and inequality. Indeed, climate change disputes are on the rise, and the...more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the Law of the Seat or the Law of the Underlying Contract? – Paris Contradicts London

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more

ArentFox Schiff

Supreme Court Overturns Rule that Only Signatories Can Compel International Arbitration

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On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate. By...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Carlton Fields

Ninth Circuit Reverses Dismissal of Case Involving Foreign Arbitration Award Based on Comity for French Appellate Ruling and Quasi...

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The parties entered into a contract under which the plaintiff Cerner Middle East Limited would provide hardware, software, and services to iCapital S/E to facilitate iCapital’s fulfillment of a contract that it had been...more

Hogan Lovells

2018-2022 French Programming Act for Justice: inching towards virtual justice?

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The 2018-2022 French Programming Act for Justice recently adopted specific provisions relating to online arbitration, in an attempt to decongest French Courts facing increasing caseloads. This important step towards virtual...more

Sheppard Mullin Richter & Hampton LLP

The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the...more

Hogan Lovells

French legal and regulatory update - March 2019

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The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e - newsletter, which offers a legal and regulatory update covering France and Europe for March 2019. ...more

K&L Gates LLP

The International Chambers of the Paris Courts: A Flexible and Efficient Approach to Resolve International Commercial Disputes

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The Paris courts feature international chambers (“International Chambers”) that offer litigants attractive conditions for the resolution of their international commercial disputes: - Inexpensive application fee (maximum...more

Hogan Lovells

Employment Law Newsletter – March 2019

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Our Paris office is pleased to present its monthly newsletter on employment matters. 1. Case Law - 1.1 Professional elections - (a) Conventionality of the balanced representation scheme - The gender balance...more

Hogan Lovells

The Paris Court upholds the supranational nature of OHADA law in dismissing annulment application (CA Paris 16/25484, 20 December...

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The Paris Court of Appeals recently upheld an arbitral award applying OHADA law. The application to set aside the award had been brought by the State of Cameroon based on arguments made under Cameroonian law....more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

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