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International litigation & arbitration

31 May 2021 | Anaëlle Idjeri

Principle of equality and arbitrators’ duty to disclose: New developments by the International Commercial Chamber of the Paris Court of Appeals

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.

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28 January 2021 | Anaëlle Idjeri

Entry into force of the new ICC Arbitration Rules and ICC Note to Parties and Arbitral Tribunals

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, […]

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30 October 2020 | Pauline Kubat

Recognition and enforcement of a US decision in France: The defendant’s disinterest in the American proceedings can be costly

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.

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18 May 2020 | Anaëlle Idjeri

Arbitrators’ duty to disclose and independence: First clarifications by the International Commercial Chamber of the Paris Court of Appeals

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.

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