Archives

Flore Poloni and Kimberley Bazelais discuss the Kraydon Ltd v ICC case in LexisNexis

A Cour de cassation decision of 22 March 2023 sheds light on the firm stance taken by French courts with respect to the scope of arbitral institutions’ civil liability.

Apr 15, 2023

Signature Litigation was once again a sponsor of the 2023 edition of Paris Arbitration Week.

Two events were held in Signature’s Paris office, as well as in an online format.

Mar 25, 2023

The Kabab-Ji ruling: cementing a cross-Channel clash

French arbitration law affirms its rules on the governing law of arbitration agreements by putting the Kabab-Ji / KFG saga to a close in a decision of 28 September 2022 (Cour de cassation).

Oct 03, 2022

Solutions for a European investor in litigation against an EU State

As the European Union is terminating its bilateral investment treaties and recent case law seems to definitively spell the end of investment arbitration based on intra-EU treaties, what are the concrete legal protections and remedies available to investors in European Union law?

Sep 22, 2022

Sanctions against Russia and the impact on arbitration procedures

After the Covid-19 pandemic, arbitration’s resilience is once again put to the test in the current geopolitical context, notably the current crisis in Ukraine.

Sep 08, 2022

Trends from the Paris Court of Appeal on arbitrators’ duty of disclosure: lessons from the PRIDE case and the Billionaire case

Two decisions dated 17 May 2022 from the Paris Court of Appeal (the “PRIDE” and the “Billionaire” cases) gave the arbitration community an illustration of the evolving position of the Court concerning challenges of awards based on an arbitrator’s alleged lack of independence or impartiality, and the failure to disclose the circumstances giving rise to the party’s doubts in this respect.

Jul 05, 2022

Paris Tech Arbitration – Tech Disputes Café

Last week, Paris Tech Arbitration, a think tank co-founded by Partner Flore Poloni, organised its first Tech Disputes Café.

Jun 15, 2022

The key takeaways of the 2021 LCIA report: The impact of the pandemic and the Russian-Ukraine conflict

As the arbitration community was recovering from the COVID-19 pandemic, new challenges from the Russian-Ukraine conflict have emerged.

May 15, 2022

French Court of Appeals rules in new annulment proceedings on grounds of violation of international public policy based on corruption allegations

What do a Louis Vuitton bag full of cash, the payment of repeated stays and business class plane tickets to Italy for the family of members of the Government, and a multimillion allowance dedicated to “the reception and support of officials” have in common?

Apr 30, 2022

French Cour de cassation renders decision in Belokon case

There is now confirmation of the “maximalist review” to prevent recognition and enforcement of awards that contravene international public policy.

Mar 31, 2022

2021 developments on the issue of the governing law of the arbitration agreement in the UK

Continuing our review of key arbitration developments from 2021 (see Bernhard Maier’s briefing here on mining treaty disputes), Neil Newing looks at the UK Supreme Court (“UKSC”) decision of Kabab-Ji SAL v Kout Food Group here – the second case within the space of a year in which the Supreme Court looked at the issue of the governing law of the arbitration agreement.

Feb 28, 2022

Key developments in mining disputes

Our team at Signature has started the year with a brainstorming session on key developments from 2021 that we wish to share with you to start the conversation on #InternationalArbitration, on LinkedIn.

Feb 27, 2022

Can national arbitral institutions find a place under the sun in the international arbitration market?

It surely appears to be the ambition of the Paris Centre for Mediation and Arbitration (“CMAP”), a reputable Parisian institution for mediation and arbitration, highly-regarded in economic spheres, which has adopted a new set of arbitration rules applicable to proceedings initiated after 1 January 2022.

Dec 28, 2021

Paris Court of Appeal, 28 September 2021, Libya v. Nurol (RG No. 19/19834) – The effect of corruption allegations on jurisdictional awards

The Paris Court of Appeal was recently asked to rule on the conformity of an investment to Libyan law as Libya challenged the jurisdiction of the arbitral tribunal based on the Libya-Turkey BIT.

Oct 30, 2021

Paris Court of Appeal, 7 September 2021, Guinea v. Global Voice (RG No. 19/17531)

Reaffirming standards of annulment regarding the validity of an arbitration agreement, constitution of the tribunal and international public policy when it comes to corruption. 

Sep 30, 2021

Publication of the IBA Toolkit on insolvency and arbitration

Did you know that numerous ICC proceedings are impacted by an insolvency issue? (the exact % is actually debated).

Aug 28, 2021

Update to the WIPO Arbitration and Mediation Center rules

Another world class arbitration institution goes virtual, while promoting transparency and reducing arbitration fees.

Jul 30, 2021

Why choose arbitration for new tech related disputes?

Although still underused in this field, there are at least four reasons to favour arbitration in new technology disputes: expertise, efficiency, flexibility, ability to deal with international cases and confidentiality.

Jul 28, 2021

Paris Court of Appeal, 25 May 2021 – Libya v. Cengiz (RG No. 18/27648) and Gabon v. Webcor (RG No. 18/18708)

More on annulment of arbitral awards on corruption grounds. 

May 29, 2021

Paris Court of Appeal, 13 April 2021 – Guinea v. AD Trade RG No. 18/09809

Can breach of a foreign overriding mandatory rule be a ground for annulment of an award in France?

Apr 28, 2021

Privinvest’s prevailing sheds light on a specificity of English arbitration

The excellent outcome obtained by Signature Litigation on 11 March 2021 for its client Privinvest in a matter against Mozambique provides us with an opportunity to remind you of a specificity of arbitration under English law (when compared to French law).

Mar 30, 2021

Update to IBA Rules on the taking of evidence

The International Bar Association (IBA) Rules are a soft law instrument which provides a framework for the exchange and production of documents in international arbitration (conditions for production orders: confidentiality, relevance, custody, importance for the dispute’s outcome), witness and expert examination (admissibility of an employee’s testimony, consequences of renouncing cross examination) etc.

Feb 28, 2021

Day 21 of Signature’s Slide Show series – 2020 has been the year of diversity and ecology

Lucy Greenwood’s Green Pledge was granted the Global Arbitration Review award for the best development.

Jan 30, 2021

Day 20 of Signature’s Slide Show series – How has the pandemic impacted the arbitration market?

The London Court of International Arbitration (LCIA) announced a record number of cases (+10% compared to 2019).

Jan 29, 2021

Day 19 of Signature’s Slide Show series – The activity of the “new” International Commercial Chamber of the Paris Court of Appeals (ICCP-CA) in 2020

Amongst the 13 decisions rendered by the ICCP-CA in 2020, one clarifies the extent of arbitrators’ duty of disclosure relating to information which can be accessed by the parties

Jan 28, 2021

Day 18 of Signature’s Slide Show series – How do US sanctions against Iran fit in French international public policy?

The Paris Court of Appeal’s decision of 3 June 2020 clarifies how United States sanctions fit in French international public policy.

Jan 27, 2021

Day 17 of Signature’s Slide Show series – How to enforce an insufficiently clear arbitral award in England

On 22 April 2020, the High Court firmly indicated that an insufficiently clear award could not be enforced by withdrawing an enforcement order.

Jan 26, 2021

Day 16 of Signature’s Slide Show series – Can discovery be used in support of arbitration proceedings?

This powerful tool of US civil procedure allowing access to the opposing party’s documents (including – and most importantly – adverse documents) can be used before foreign and international tribunals (pursuant to 28 USC 1782).

Jan 25, 2021

January 2021 Day 15 of Signature’s Slide Show series -The Yukos awards revived

The difficult enforcement of the 50 billion dollar Yukos awards has also known developments in 2020: on 18 February, the Hague Court of Appeals reversed the 2016 annulment decision rendered on grounds that the arbitral tribunal lacked jurisdiction.

Jan 24, 2021

Day 14 of Signature’s Slide Show series – Where to enforce an award in 2021?

Since their accession to the 1958 New York Convention, you may now go to Ethiopia, Palau, Seychelles, Sierra Leone and Tonga to seek enforcement and recognition of arbitral awards rendered by a tribunal seated in a signatory State.

Jan 23, 2021

Day 13 of Signature’s Slide Show series – Must third party funding be disclosed?

The answer is yes for arbitration proceedings under the 2021 ICC rules.

Jan 22, 2021

Day 12 of Signature’s Slide Show series – How to join a third party in arbitration proceedings?

The 2021 ICC Rules facilitate joinder of third parties during proceedings (Article 7, paragraph 5): parties are allowed to submit requests for the joinder of third parties once the arbitral tribunal has been appointed or confirmed.

Jan 21, 2021

Day 11 of Signature’s Slide Show series – What should a cyber protocol include?

A cyber protocol is an agreement entered into by the parties notably before a virtual hearing.

Jan 20, 2021

Day 10 of Signature’s Slide Show series – Arbitration will not be used as a means to endorse a corruption agreement

The red flags – or circumstantial evidence – test is now clearly established as the Paris Court of Appeal’s preferred means of looking at whether enforcement of an award will give effect to a corruption agreement in the French legal order.

Jan 19, 2021

Day 9 of Signature’s Slide Show series – Did you know it is possible to force someone located in the UK to be a witness in arbitration proceedings seated abroad?

In practice, this means that in the context of arbitration proceedings seated in Paris, one may seek the support of English courts if a potential witness located in England refuses to cooperate.

Jan 18, 2021

Day 8 of Signature’s Slide Show series – What are the amendments to the Swiss international arbitration law applicable from 1 January 2021?

These amendments are welcome as they enhance the legislation’s readability. They prove Switzerland is one of the major hubs for arbitration.

Jan 17, 2021

Day 7 of Signature’s Slide Show series – Is there an arbitrator’s duty of disclosure in English law?

In its 27 November 2020 decision, although the Supreme Court did not recuse the arbitrator, it clearly set out the arbitrator’s duty of disclosure under English law.

Jan 16, 2021

Day 5 of Signature’s Slide Show series – Enka Supreme Court decision

In its Enka decision of 9 October 2020, the UK Supreme Court clarified the law applicable to the arbitration agreement. 

Jan 14, 2021

Day 4 of Signature’s Slide Show series – What are the latest developments on intra-EU Bilateral Investment Treaties (BITs)?

In its Achmea decision of 2018, the ECJ found that arbitration proceedings based on intra-EU bilateral investment treaties were incompatible with EU law.

Jan 13, 2021

Day 3 of Signature’s Slide Show series – The ICC sets a new threshold for expedited arbitration proceedings

Amongst the many modifications of the ICC Rules, the new threshold for application of the expedited proceedings shows the efficiency of such proceedings.

Jan 12, 2021

Day 1 of Signature’s Slide Show series – Virtual and hybrid hearings surging

2020 has seen virtual hearings surge (10 times more).

Jan 10, 2021

Paris Court of Appeals (on 23 June 2020, RG No. 17/22943) and the UK Supreme Court (on 9 October 2020, [2020] UKSC 38)

Cross channel perspectives on the law applicable to the arbitration agreement.

Dec 28, 2020

Recent updates to the LCIA and ICC rules are revealing of users’ concerns

Our cross-channel arbitration team at Signature Litigation argues in the Global Arbitration Review that the recent modifications of the ICC (applicable from 1 January 2021) and LCIA rules (applicable from 1 October 2020) are telling as to arbitration users’ current concerns.

Nov 28, 2020

Key takeaways of the new ICC Rules

A new version of the ICC Rules will be coming into force on 1 January 2021

Oct 31, 2020