International litigation & arbitration

2021 is already shaping up to be a year of new developments on such exciting topics as the principle of equality of the parties in the constitution of the arbitral tribunal and the arbitrators’ duty to disclose.

Indeed, in five rulings handed down between the end of December 2020 and mid-February 2021, the Paris Court of Appeals has ruled on the arbitrator’s duty to disclosure, either by reiterating conventional solutions or by adopting, in the case of the International Commercial Chamber of the Paris Court of Appeals, a more innovative approach.

The International Chamber of Commerce (the “ICC”) has unveiled a revised version of its Rules of Arbitration (the “Revised Rules”). This new version, which came into force on January 1, 2021, applies to arbitration proceedings initiated on or after that date, unless otherwise agreed by the Parties. Although it does not introduce major substantive changes, […]

In a decision dated September 16, 2020, the Cour de Cassation (French Supreme Court) ruled on the conformity of California law with French international procedural public policy. By the combined application of several California procedural rules, a French defendant had been deprived of a remedy. The Cour de Cassation, asked to rule in the context of the procedure for the recognition and enforcements of the American judgment, nevertheless considered that there was no violation of French international public policy.

Analysis of a decision with surprising implications.

On February 25, 2020, the International Commercial Chamber of the Paris Court of Appeals (Chambre commerciale internationale de la Cour d’appel de Paris, also known by the acronym “CCIP-CA”) ruled for the first time on the independence and impartiality of arbitrators and more generally on the scope of their duty to disclose.

In this decision, the International Commercial Chamber adopted a pragmatic view which showed its willingness to take a casuistic approach.