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France Arbitration

Can Arbitrators Promote Settlement in Arbitration?

07/01/2024 by Aceris Law LLC

Settlement of Arbitration Disputes

Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]

Filed Under: France Arbitration, International Arbitrators, United Kingdom Arbitration

Arbitration and Third Parties: The Issue of Non-Signatories

06/08/2023 by Aceris Law LLC

International Arbitration Third Parties

Arbitration and third parties is a topic which, over and above its academic relevance, has important practical implications for parties in international arbitration proceedings. The issue of arbitration and third parties may concern situations where a party wishes to refer to arbitration another party that was not part of the main contract and therefore did […]

Filed Under: England Arbitration, France Arbitration, International Arbitration Law

The Annulment of International Arbitral Awards Rendered in France

21/06/2023 by Aceris Law LLC

Annulment of Arbitration Awards in France

The annulment of an arbitral award may be pursued by parties involved in an international arbitration conducted in France, allowing them to challenge the award’s validity through a dedicated annulment process. Parties can initiate the French annulment process exclusively against international arbitral awards rendered in France. They may not use this procedure against international arbitral […]

Filed Under: France Arbitration

Document Production in International Arbitration

19/03/2023 by Aceris Law LLC

Document Production International Arbitration

Document production is one of the most controversial yet essential steps in international arbitration. Since cases are generally decided based on documents rather than oral testimony, document production can be a powerful tool for discovering evidentiary material crucial to winning an arbitration.[1] It is not surprising that arbitral proceedings commonly include a document production phase. […]

Filed Under: Ad Hoc Arbitration, Document Production in Arbitration, France Arbitration, ICC Arbitration, International Arbitration, UNCITRAL Arbitration, UNCITRAL Model Law, United Kingdom Arbitration, United States Arbitration

French Court of Appeal Rules on Parties’ Waiver in ICC Arbitration

23/09/2022 by Aceris Law LLC

Waiver ICC Arbitration

The French Court of Appeal has recently outlined the scope of parties’ waiver in arbitration. In Antrix Corp Ltd v. Devas Multimedia P. Ltd, the International Commercial Chamber of the Paris Court of Appeal held that Antrix did not waive its right to rely on a procedural irregularity, raised before the ICC International Court of […]

Filed Under: France Arbitration, ICC Arbitration

Enforcement of a Foreign ICC Arbitration Award in France Despite Set-Aside Judgements in West Africa

05/02/2022 by Aceris Law LLC

On 11 January 2022, the Paris Court of Appeal agreed to enforce a contract-based ICC arbitration award, despite the final award being previously set aside by the domestic courts of the seat of arbitration, and the underlying contract also being annulled by a foreign court. While this result may be surprising in many jurisdictions, the […]

Filed Under: Enforcement of Arbitration Awards, France Arbitration

Revision of Arbitration Awards under French Law

08/08/2021 by Aceris Law LLC

Revision French law arbitration award

Under French law, pursuant to the doctrine of functus officio, once the arbitral tribunal has rendered its award, it cannot re-examine it.[1] There is no possibility for the French courts to remit the matter to the arbitral tribunal in case an award is annulled. Accordingly, the parties can only start new arbitration proceedings on the […]

Filed Under: France Arbitration

Demurrage Claims in International Arbitration

18/06/2021 by Aceris Law LLC

Demurrage international arbitration

International arbitrations in the field of shipping and sales often include demurrage claims (“surestaries” in French) which constitute, using the expression of Professor Debattista,  “the staple diet of shipping lawyers the world over”.[1] Although it is rarely defined in charterparties or sale contracts which usually provide for its rate only, the Baltic Code (2020) defines […]

Filed Under: France Arbitration, Shipping Arbitration, United Kingdom Arbitration

Rome I, Rome II, Applicable Law and International Arbitration

29/12/2020 by Aceris Law LLC

Rome-I-Rome-II-Applicable-Law-and-International-Arbitration

The relevance of the Rome I and Rome II Regulations for determining the law applicable to the merits of an international arbitration is a hotly-debated issue. Within the European Union (“EU”), Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (“Rome I”)[1] and Regulation (EC) No. 864/2007 on the law applicable to non-contractual […]

Filed Under: France Arbitration, ICC Arbitration, LCIA Arbitration

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